Safety for women

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The writer is a barrister of Lincoln’s Inn and an advocate of the high courts of Pakistan.
The writer is a barrister of Lincoln’s Inn and an advocate of the high courts of Pakistan.

TECHNOLOGY-facilitated gender-based violence is escalating at an alarming rate globally. According to a report by the Digital Rights Foundation, 3,171 TF GBV complaints were reported from across Pakistan in 2024. The lack of a standard definition used to be a significant and persistent gap in the protection of women and girls. To address this, UN Women and WHO, through a joint global programme on Violence Against Women Data, convened an expert group in 2022 to define TF GBV. It was described as “...any act that is committed, assisted, aggravated, or amplified by the use of information and communication technologies or other digital tools, which results in or is likely to result in physical, sexual, psychological, social, political, or economic harm, or other infringements of rights and freedoms”.

According to a 2024 UN report on technology-facilitated violence against women and girls, women in the public eye and marginalised females are most affected by TF VAWG — they include women journalists, politicians, activists and young women and girls.

In Pakistan, many systems and special protection mechanisms have been established to protect women and children from TF GBV, including the FIA’s cybercrime wing and special sexual offences investigation units. The latter are dedicated police units under the Anti-Rape (Investigation and Trial) Act 2021. Additionally, there are GBV courts to provide a safe and efficient environment for GBV survivors, along with the national sex offenders registry to monitor convicted sex offenders after their release.

However, few are aware that the Prevention of Electronic Crimes Act, 2016, was amended through the Criminal Laws (Amendment) Act, 2023 to safeguard women and children from online violence. In fact, the decree defined new online crimes, including “child sexual abuse content” and “sexually explicit conduct”, under Section 2 (vib) and (xxviia), respectively.

It is essential to establish an online safety commission.

Further, Section 22A was inserted to address online grooming, solicitation, and cyber enticement, while Section 22B criminalises the commercial sexual exploitation of children. Section 22C focuses on the use of information systems for kidnapping, abduction or trafficking of minors, and Section 24A defines cyberbullying. Crucially, Section 30B introduced “victim and witness protection” measures: “(iii) distance recording of testimonies through video-conferencing audio-video links and by the use of modern devices”. Moreover, Peca 2016 outlines “offences against dignity of a natural person” in Section 20 and “offences against modesty of a natural person and minor” in Section 21.

Unfortunately, the current legal framework fails to criminalise several significant forms of online sexual harassment. These include the non-consensual sharing of intimate images or videos, the non-consensual taking, producing, or procuring of such content, and acts involving exploitation, coercion, and threats towards women.

Such lapses make females dangerously vulnerable due to the absence of avenues for justice and redress. Although laws and protection mechanisms to address TF GBV do exist, they often operate in an uncoordinated manner, limiting their overall effectiveness.

To address this gap comprehensively, it is essential to establish an online safety commission as an oversight body with a clear mandate to ensure a safer digital environment across Pakistan. This commission should focus on the general implementation and coordination of protection mechanisms by conducting research, raising awareness, and developing evi­d­e­nce-based educational resources and initiatives sp­­ecifically on TF GBV. It can also ensure the implementation of the existing regulatory frameworks and effective investigation in online abuse cases, and offer accessible complaint mechanisms for victim-survivors and share information related to law enforcement, counselling, legal support, and harm mitigation strategies.

Furthermore, the commission can drive proactive and systemic change by monitoring emerging trends in online harm through environmental and horizon scanning to deliver timely and strategic responses to evolving threats.

An online safety commission can utilise modern technology to prevent and respond to violence against women and girls through a gender-responsive approach, including the use of AI for greater social good, and increased women’s participation in the technological sector through education and mentorship. The state must take early action to protect women and children from the curse of TF GBV, and ensure that the current protection mechanisms are coordinated and responsive and that there is vigilant supervision by such a commission.

The writer is a barrister of Lincoln’s Inn and an advocate of the high courts of Pakistan.

Published in Dawn, May 4th, 2025

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