As outlined, violence against women, including online gender-based violence, is a form of discrimination against women and a human rights violation that prevents women from fully enjoying their human rights, from actively participating in society and, ultimately, from achieving gender equality.
Our monitoring shows that online gender-based violence is growing in the Balkan region for four main reasons: inadequate legislation and an already poor institutional response to discrimination and hate speech; lack of response from big tech companies in implementing their own community policies related to digital violence; media enforcing gender stereotypes and failing to publish violations of professional ethical guidelines; and deep-rooted patriarchal norms on societal level that legitimize and normalize violence and discrimination against women.
According to relevant regional and international human rights instruments, by which Balkan states are bound, states have an obligation to combat all forms of discrimination against women, including online violence, and to protect their human rights, including every woman’s right to live free from violence. Furthermore, states have an obligation to prevent, investigate and punish acts of violence against women and girls.
Despite their legal obligations, however, many Balkan countries, including those monitored for this study, have poor legal frameworks that do not adequately treat and sanction online violence and its perpetrators. Namely, domestic laws do not explicitly regulate online gender-based violence. Considering the scale of this problem and its detrimental effects on human rights, equality and participation of women, it is essential for countries to adopt specific laws or adapt existing laws to combat and prevent gender-based online violence and its contemporary forms, bearing in mind its continuing evolvement. Here, particularly relevant are violence against women and gender equality domestic legal frameworks, including family laws and laws on domestic violence, and applicable criminal codes.
Even when handling offline gender violence, institutions have a poor record. Criminalization of online violence against women and girls is essential to ensure a deterrent effect. States should criminalize all elements and forms of online violence, including subsequent re-sharing of harmful content. Members of legal and regulatory mechanisms, including law enforcement and prosecutors’ offices, need to be properly trained and equipped with knowledge, human and technical resources, including special divisions for digital crimes, to adequately and effectively implement the law, minimize harmful effects, sanction perpetrators and ensure prevention.
Just as the legal framework fails to regulate online gender-based violence, the laws of monitored countries do not contain provisions specifically regulating online hate speech either. The absence of words “online” or “internet-facilitated” does not and should not, however, prevent relevant authorities from combating online hate speech through the use of existing legal provisions, particularly criminal law provisions. Overall, while existing legal and institutional frameworks for combating hate speech in the Balkan countries seem robust in theory, their practical application is lacking. The rate of sanctioned incidents of reported hate speech is worryingly low, even when it comes to the instances documented in the “offline environment”. For instance, despite data indicating that hate speech in Bosnia and Herzegovina is on the rise, only 13 convictions for hate speech were issued by courts between 2015 and 2020, according to research conducted by Youth Initiative for Human Rights in Bosnia and Global Analytics as part of the project “Suppressing Hate Speech Through Empowerment of Youth”.
An additional issue is that laws regulating hate speech recognize only several protected grounds, and gender is not one of them. However, as BIRN monitoring shows, it is women and girls that are increasingly being targeted with hate speech and subjected to hatred, hostility and discrimination based on gender. Considering that authorities are obliged to uphold women’s rights and combat discrimination, they should interpret and apply laws in the light of contemporary trends and the issues that women and girls in the Balkans are facing, including, but not limited to, gender-based violence and hate speech.
The issue is not only limited to the lack of adequate legal frameworks or poor implementation.
One major obstacle to combating online violence against women is a general perception that online violence is not a serious crime and cannot cause serious harm. Such attitudes reinforce a culture of impunity and come with dire consequences. They send the message that perpetrators of online violence won’t suffer legal consequences, thereby encouraging further violence. Out of fear, loss of trust in the authorities and a sense of hopelessness, victims silence themselves, retreat from the internet and the public space, fearing consequences of their own exposure, and further exacerbating gender inequality and stigmatization of women in the Balkans. This is even truer in patriarchal societies where women are traditionally segregated and excluded from public life and where men dominate the narrative. Such societies favour men, as shown in elections where the dominant candidates are male and where there is a clear gender cap. It is the same within institutions.
Media also favour male candidates. But it doesn’t end there. The media also amplify violence against women by publishing articles that promote sexists and misogynist attitudes, by revealing personal data about victims of sexual, domestic and general gender-based violence, and by targeting vulnerable groups simply because they belong to certain groups. Although bound by respective ethical codes in journalism, self-regulation has not done much to achieve accountability in terms of unprofessional reporting.
The reasons for increased digital violence are not only internal. They are also external. Social media companies have proved to be great enablers for digital violence against women. The platforms, especially Facebook and Twitter, have failed to uphold their responsibility to protect women’s rights online by failing to adequately investigate and respond to reports of violence and abuse in a transparent manner, leading many women to silence or censor themselves on the platform.
Facebook has its own well developed policy rationale when it comes to hate speech and sanctioning this type of content. In reality, its moderators are blind to the violations of their guidelines in the Balkans. This also reflects the fact that the company has limited content managers who understand the local languages, and relies on mix of algorithms and the human factor. Previously, Facebook told BIRN that it primarily relies on AI to detect violating content on Facebook and Instagram, and in some cases take action on the content automatically.
According to Facebook, they “utilize content reviewers for reviewing and labelling specific content, particularly when technology is less effective at making sense of context, intent or motivation”. BIRN’s investigation shows that the tools used by social media giants to protect their community guidelines are failing: posts and accounts that violate the rules often remain available even when breaches are acknowledged, while others that remain within the rules are suspended without clear reason. Almost half of reports in Bosnian, Serbian, Montenegrin or Macedonian made to Facebook and Twitter are about hate speech. One in two posts reported as hate speech, threatening violence or harassment in Bosnian, Serbian, Montenegrin or Macedonian language, remains online.
When it comes to reports of threats of violence, such content was removed in 60 per cent of cases, and in 50 per cent of cases of targeted harassment. Distinguishing harsh criticism from defamation, or radical political opinions from expressions of hatred and racism or incitement to violence, requires contextual and nuanced analysis. In the absence of that, clear violations of social media networks’ community standards allow offensive and violent content not only to stay but to flourish.