Digital violence

Abstract

Violence Against Women and Girls (VAWG) is one of the dominating factors that threaten the aspiration of democracy and development. VAWG is a form of Gender Based Violence (GBV) that has proven itself to be an epidemic that requires urgent addressing. It is also crosscutting against cultures, geography, age, and spaces. One of these spaces, since the COVID 19 is the digital space. All women are prone to online violence; girl children, adolescent girls, young women, and older women alike. Women and girls who have access to the internet are even more vulnerable to further violence such as online violence. Similar to other forms of violence, online violence has its adversity. Women and girls subjected to online violence have some of their fundamental rights and freedoms violated by online violence. These rights are inclusive of their right to participation, their right to expression, to hold an opinion and view, and their right to integrity and bodily autonomy among others. It is therefore imperative to inquire into how these rights are violated, and how these rights may be protected by existing legal and institutional frameworks attempt to combat online violence in Lesotho. The study or inquiry to understanding the abovementioned has been done through a qualitative method of a desk-based research. The data collected was to enquire into legal frameworks of other jurisdictions such as the Republic of South Africa and the United Kingdom and at various levels such as international, regional, and nation. A comparative analysis of the legislative measures of these jurisdictions has been used as a measure of comparison in order to determine what standards the frameworks have established. The major findings of the study are that there is a need to establish normative frameworks at international and regional levels specific to online violence against women and girls. Further, at the national level, that legislative measures intended to combat online violence should be revised to be intentional in their objectives by making provisions for such misconduct as offences with reasonable punishment. Additionally, by imposing responsibilities on state institutions, non-state actors and users of the internet which will guarantee the safety of individuals at risk of violence online. Therefore, in the context of Lesotho, there is a need to revise the Computer crimes and Cybercrimes Bill, 2022 to include the aforementioned considerations as standards and guidelines.