In response to MESECVI’s consultation on the Inter-American Model Law on Digital Violence Against Women, Equality Now submitted two contributions with a set of recommendations aimed at ensuring that the proposed law provides strong, survivor-centred, and enforceable protections against technology-facilitated gender-based violence (TFGBV). Both documents welcome MESECVI’s leadership in addressing the growing threat of TFGBV and offer recommendations to ensure the Model Law is clear, enforceable, and aligned with international human rights standards.
Drawing on our global legal expertise on online sexual exploitation and abuse (OSEA), which is a form of TFGBV, we proposed concrete changes to strengthen the clarity, scope, and alignment of the Model Law with international human rights standards.
One submission was authored solely by Equality Now, and the other was jointly submitted with the Regional Alliance for Freedom of Expression and Information. Equality Now’s submission focused on legal protections from a gender justice and survivor-centred perspective. We highlighted that while the digital age has brought with it incredible opportunities for connection, activism, and expression, it has also amplified harassment, exploitation, violence and silencing of women and voices.
The joint submission strongly emphasised balancing the right to freedom of expression and safety online. The submission highlighted that balancing safety for women and girls online with the right to freedom of expression is essential and mutually reinforcing. While robust measures are needed to prevent and respond to digital violence, these must not come at the expense of silencing voices, particularly those already marginalised. This balance is grounded in the proportionality principle found in the International Convention on Civil and Political Rights (ICCPR), which requires that any restriction on freedom of expression must be lawful, necessary, and proportionate to the legitimate aim of protecting the rights and safety of others. Legal and platform-based responses must therefore be carefully designed to uphold both rights, that is, protecting against harm while safeguarding the freedom to speak, dissent, and be heard.
