No to Online Violence.

“Online violence against women in politics should never be absorbed as normal.”

The above was my take home from – ‘AfroFeminist Digital Leadership Voices Intervention Design Co-creation Workshop’¹ organized by Pollicy (a non-governmental organization from Uganda)² and National Democratic Institute (NDI)³. Proactive Gender Initiatives (PGI)⁴ was there.

Really, online violence against anyone (irrespective of their gender), place, thing or even concept should never be tolerated. Online violence against women in politics (OVAW-P) is an extension of violence against women (VAW). Online violence against women in politics (OVAW-P) is also an impediment to their political rights.

The use of misinformation and disinformation tactics and tools in OVAW-P was discussed at length. Instances of OVAW-P include –

i.        Maligning of female politicians;  

ii.       bringing them to disrepute; 

iii.      tarnishing their person, work, family, etc; 

iv.      discouraging people from associating with them or voting for them;

v.       trampling upon their dignity;

vi.      intimidation. Etc.

For the women who are not in politics, who are merely going about their daily living, the above listed instances are equally damaging. Here, it becomes Online Violence against Women (OVAW). It affects aspects of their life such as their work opportunities, ability to earn, social relations and so on. OVAW is an aberration of the digital rights of women.

What are Digital Rights?

“Digital rights are those human rights and legal rights that allow individuals to access, use, create, and publish digital media or to access and use computers, other electronic devices, and telecommunications networks. The concept is particularly related to the protection and realization of existing rights, such as the right to privacy and freedom of expression, in the context of digital technologies, especially the Internet. …”⁵

I like to support the view that digital rights form part of and are an extension of a person’s fundamental human rights in a virtual environment such as online. It is interesting to note that Section 1 of the Nigeria Data Protection Act, 2023, provides –

“1. –(1) The objectives of this Act are to –

(a) safeguard the fundamental rights and freedoms, and the interests of data subjects, as guaranteed under the Constitution of the Federal Republic of Nigeria, 1999;

…”

A Look at some Definitions

1.       Act

“act, n. (14C) 1. Something done or performed, esp. voluntarily; a deed. – Also termed action.”

…”⁶

2.       “Online and technology-facilitated gender-based violence

Any act of gender-based violence against women that is committed, assisted or aggravated in part or fully by the use of information and communication technologies, such as mobile phones and smartphones, the Internet, social media platforms or email, against a woman because she is a woman, or which affects women disproportionately.”⁷

3.       Violence against Persons (Prohibition) Act, 2015

The Explanatory Memorandum to the Violence against Persons (Prohibition) Act, 2015,⁸ provides –

“This Act prohibits all forms of violence against persons in private and public life, and provides maximum protection and effective remedies for victims and punishment of offenders.”

(underline mine)

At the interpretation section (Section 46) of the same VAPP Act 2015, apart from defining violence, categorizes violence into violence in the private and public spheres and further provides definitions, to wit –

“ “violence” means any act or attempted act, which causes or may cause any person physical, sexual, psychological, verbal, emotional or economic harm whether this occurs in private or public life, in peace time and in conflict situations;

“violence in the private sphere” means any act or attempted act perpetrated by a member of the family, relative, neighbor or member of a community, which causes or may cause any person physical, sexual, psychological, verbal, emotional or economic harm;

“violence in the public sphere” means any act or attempted act perpetrated by the State or non-State actors before, during and after elections, in conflict or war situations, which threatens peace, security and well-being of any person or the nation as a whole; …”

The OVAW-P fits in with the definition of ‘violence in the public sphere’ reproduced above, particularly when any of the elements of ‘before, during and after elections’ is present. OVAW-P would still rightly be covered by the first 2 definitions, depending on the circumstance.

If that act⁹ online causes or may cause that woman, whether or not she is in politics – physical, sexual, psychological, verbal, emotional or economic harm, then it is online violence. It may be OVAW or OVAW-P. I believe that the law provides a refuge¹⁰, where it states in Section 14 of the VAPP Act 2015 –

“14 (1)        A person who causes emotional, verbal and psychological abuse on another commits an offence and is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding N200,00.00 or both.

 …”

The section also provides for attempt, inciting, aiding, abetting, etc. Section 18 of the VAPP Act 2015, prohibits intimidation.

4.       Cybercrimes (Prohibition, Prevention, etc) Act, 2015

Under Part III (Offences and Penalties) of the Cybercrimes (Prohibition, Prevention, etc) Act, 2015, Section 24¹¹, states –

“24.  Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that –

(a) is grossly offensive, pornographic or of an indecent, obscene or menacing character or causes any such message or matter to be so sent; or

(b) he knows to be false, for the purpose of causing annoyance, inconvenience danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causes such a message to be sent:

commits an offence under this Act and shall be liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.

(2) Any person who knowingly or intentionally transmits or causes the transmission of any communication through a computer system or network –

(a) to bully, threaten or harass another person, where such communication places another person in fear of death, violence or bodily harm or to another person;

(b) containing any threat to kidnap any person or any threat to harm the person of another, any demand or request for a ransom for the release of any kidnapped person, to extort from any person, firm, association or corporation, any money or other thing of value; or

(c) containing any threat to harm the property or reputation of the addressee or of another or the reputation of a deceased person or any threat to accuse the addressee or any other person of a crime, to extort from any person, firm, association, or corporation, any money or other thing of value:

commits an offence under this Act and shall be liable on conviction-

…”

Online violence against women is a menace to women and to safety online. In Nigeria, the provisions of the laws cited in this article together with the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), are like rays of sunshine for women.

Statutes cited  

Nigeria Data Protection Act, 2023

Violence against Persons (Prohibition) Act, 2015

Cybercrimes (Prohibition, Prevention, etc) Act, 2015

Some Acronyms used at the Workshop

VAW – Violence against Women

OVAW – Online Violence against Women

OVAW-P – Online Violence against Women in Politics

Thank you.

Stephanie Orji lawyers at Heptagon & Associates, a full service law firm in Abuja, Nigeria.

3-November-2024.

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1. Held at The Envoy, Abuja, Nigeria, on 2^nd October, 2024. ↩︎
2. www.pollicy.org accessed on 3rd November, 2024. ↩︎
3. https://www.ndi.org/sub-saharan-africa/nigeria accessed on 3rd November, 2024. ↩︎
4. About Us – Proactive Gender Initiative (progender.org) ↩︎
5. https://en.wikipedia.org/wiki/Digital_rights#:~:text=Digital%20rights%20are,%5B2%5D accessed on 3rd November, 2024. ↩︎
6. Black’s Law Dictionary, Ninth Edition, Thomson Reuters, 2009, page 27 ↩︎
7. https://lac.unwomen.org/en/stories/noticia/2023/03/glosario-genero-y-tecnologia accessed on 3rd November, 2024. ↩︎
8. VAPP Act 2015 ↩︎
9. such as an online post or publication ↩︎
10. There are other refuges such as – Section 28 VAPP Act, where application for protection order may be made before the High Court. ↩︎
11. The margin of this Section describes it as Cyberstalking. ↩︎