Online Gender-Based Violence in the EU: What Now?
The European Institute for Gender Equality published its first report on online gender-based violence (OGBV) in 2017. Since then, the issue has crept higher on the political agenda, particularly with a greater diversity of women political leaders establishing a strong public presence. On the International Day for the Elimination of Violence against Women, it is vital to reflect on what has been achieved in the last year in Europe in combating OGBV, and to examine what are the persistent obstacles to ensuring the online space is free of this gendered harm.
CDT has extensively researched OGBV, focusing particularly on the experiences of women of colour political candidates and in assessing the impact of EU co-regulatory frameworks to address this online harm. Progress towards gender equality in Europe has stalled and the prevalence of OGBV reflects this broader societal context of misogyny, sexism and gender stereotypes that continue to shape our societies. The rise of online gender-based violence is deeply intertwined with the rise of digital authoritarianism, as authoritarian and anti-democratic states increasingly exploit anti-feminist narratives and policies to justify the oppression of marginalised groups.
To effectively counteract OGBV, authorities must increase public understanding of the interconnections between digital authoritarianism, democratic regression, and anti-feminism. These overlapping threats must be taken into account when developing and implementing new national and international standards. With digital policy being at the top of the legislative agenda, this blog takes stock of the frameworks put in place to address OGBV in Europe and reflects on the likely challenges ahead in light of the new European mandate.
The EU’s Legislative Response: Progress and Challenges
On 14 May 2024, EU lawmakers finally adopted the first ever Directive to combat violence against women and domestic violence. The law sets minimum standards for the criminalisation of certain forms of gender-based violence, including OGBV. The legislation highlights the ambition of EU legislators to seriously tackle certain forms of OGBV — a move that is certainly appreciated in light of the past decade’s backsliding in gender equality in the EU. CDT Europe welcomed the Directive, particularly given the lengthy advocacy by women’s rights groups to establish a framework to broadly address GBV in Europe.
This new regulation to combat gender-based violence criminalises physical assault as well as psychological, economic, and sexual violence against women throughout the EU. Crucially, the law recognizes several forms of online GBV, such as non-consensual sharing of images and cyberstalking as violence against women. These guidelines are a vital component of an international strategy for gender equality, and will be influential in shaping international efforts. However, the Directive is far from perfect and there are significant risks that the vague or broadly defined crimes in the text of the legislation may result in unjust and disproportionate enforcement, particularly for gender-diverse individuals, who may see the law being weaponized against them. Concerns also remain regarding how the Directive aligns with international human rights standards on the protection of free expression, especially for historically marginalised groups, who continue to face discrimination.
The recent Directive is not the only tool in the EU arsenal to address OGBV: the Digital Services Act (DSA) includes specific mandatory due diligence obligations, annual assessments of the risk of OGBV and how to mitigate it. In the coming year, a proposed Code of Conduct on Gender Based Violence under the DSA will also be developed. CDT Europe, along with civil society, will aim to contribute to this process where possible.
Barriers to Effective Implementation
Member States have until 14 June 2027 to transpose the Directive into their national law and policy. Each EU country has to develop its own National Action Plan to combat gender-based violence, delineating priorities and actions, targets and monitoring mechanisms, as well as resource allocation. However, concerns raised by the UN Special Rapporteur on violence against women and girls, Reem Alsalem, highlight gaps, such as the lack of effective consultative process with key stakeholders and international and regional mechanisms, as well as insufficient funding. CDT is also concerned about lack of uniform enforcement across the EU since much will be left up to member state authorities to transpose and implement. This is of particular concern in EU member states where policies have been put in place to roll back protections against all forms of GBV.
The Directive and the DSA are, to date, the most comprehensive legislative frameworks for addressing OGBV. However, they have some issues that still need to be solved, such as the Directive including vaguely or broadly defined crimes and the DSA risk assessments not being open to public scrutiny. Moreover, they ought to be paired with laws that target specific abuses, such as the ones caused by Artificial Intelligence. Alarmingly, 98% of deep fake videos online are pornographic, with 99% targeting women or girls. The Directive, the DSA and the AI Act must complement each other and manage to strike a delicate balance between safeguarding freedoms and addressing harms. As the Directive is transposed into national laws, it will be crucial to prioritise legal clarity and ensure alignment with the broader EU co-regulatory framework in place.
Tech Companies and Their Responsibilities
Tech companies and social media platforms are also asked to take more responsibility for protecting users from online abuse, while protecting the freedom of expression: stronger moderation for illegal content, better reporting systems, and transparency in how they address complaints are some of the main aspects they are expected to work on. Research shows how algorithms used by social media platforms are amplifying extreme misogynistic content, which has the effect of normalising harmful views and gendered stereotypes, especially among young people. Governments must hold digital platforms accountable for the gendered misinformation and violence that happen on them. Platforms need to not only comply with the Directive and DSA, but remember their obligations under the international human rights framework, to ensure their products and services don’t cause harm or violate digital rights.
CDT Europe joined an open letter sent to the European Commission in 2023, supporting the effort leading to some major porn platforms to be designated as “very large online platforms” (VLOPs). It now requires them to follow a stricter due diligence and transparency regime under the DSA, considering the tremendous impact of these sites on the perpetuation of OGBV. Notwithstanding the evident progress, regulators have experienced some resistance coming from these and other online platforms, which have either rejected being designated as VLOPs under the DSA, or continue to not comply with its provisions.
The New Commission: Up to the Task?
At the highest institutional level, Commissioner-designate for Preparedness, Crisis Management and Equality, Hadja Lahbib, has expressed her strong commitment in tackling online violence during her November hearing in front of the European Parliament. She stressed the importance of the implementation of legislations already in place, such as the DSA and the AI Act, but also mentioned the creation of the new code of conduct for online platforms to take their responsibilities. She highlighted it will be essential to strike the right balance between the respect for GDPR rules and the unmasking of the online actors who commit OGBV.
Commissioner-designate and Executive Vice-President for Tech Sovereignty, Security and Democracy, Henna Virkkunen, has also expressed support for the enforcement of the DSA, citing the ongoing investigations of the European Commission against VLOPS and Search Engines and promising more resources by the end of next year. However, some statements on making Europe an “easier place for businesses” when it comes to digital innovation and AI developments raises some concerns on the impacts of these proposals on individuals’ digital rights — particularly given the expansive scope of the Commissioner’s portfolio, where digital rights risk being overshadowed.
The Need For Cultural Change Beyond Legislation
Online Gender-Based Violence continues to expand and evolve, adapting to new digital landscapes and technologies. Legislation alone is not enough to change a cultural phenomenon as pervasive as sexism and misogyny. Reporting and removing inappropriate content alone won’t solve OGBV and merely requiring platforms to have codes of conduct in place won’t be enough. We are at a pivotal moment, with the necessary legislative tools taking shape. The effective implementation of these laws — guided by intersectional approaches and sustained civil society engagement — will determine their success. A successful transposition of the Directive and the DSA into national law systems will be fundamental to advance the fight against gender-based violence and push back against anti-gender forces and narratives advancing everywhere in Europe. It will be an iterative and adaptive process, given how fast the online environment changes, but also one that needs to be done, and soon.
OGBV extends beyond the realm of harms that online platforms and intermediaries must singularly face; it is an issue deeply intertwined with broader concerns that society must confront. As we continue the march forward to true gender parity, it is essential that OGBV is appropriately and effectively, with a diverse range of actors working together towards it.
