28th January 2026
Equality Now’s analysis shows that the ERA could play a critical role in addressing online sexual exploitation and abuse by:
- Establishing sex equality as a constitutional mandate, strengthening the legal basis for addressing gender-based violence, including OSEA.
- Expanding Congress’s authority to pass comprehensive federal laws addressing gender-based discrimination and violence, including harms that occur online.
- Supporting equality-by-design and safety-by-design approaches, requiring technology platforms to integrate prevention and equality principles into product design and policies.
- Enabling stronger regulation of technology companies whose platforms facilitate gender-based exploitation and abuse.
- Opening pathways to civil remedies so survivors of OSEA can seek meaningful access to justice.
- Requiring courts to apply strict scrutiny to laws or practices that discriminate on the basis of sex, strengthening protections against discriminatory responses to online abuse.
