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Research Article

Towards a legal qualification of digital intimidation against environmental defenders: navigating core components and characteristics

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Received 02 Mar 2023, Accepted 18 Nov 2023, Published online: 01 Dec 2023
 

ABSTRACT

Digital technologies are becoming increasingly important for environmental defenders. Such technologies offer them possibilities to speak out and/or take action, but also increase the (digital) risks they face as a result of their (online) involvement. Recently, significant concerns have been raised about the use of various forms of online and technology-facilitated forms of harassment or ‘digital intimidation’ against environmental defenders. This raises the question of whether environmental defenders are adequately protected by the current legal framework. To assess this, it is essential to first understand the phenomenon of digital intimidation. This paper therefore aims to identify the ‘core’ components and characteristics relevant to digital intimidation to enable further legal qualification and analysis. As such, we propose a digital intimidation navigation tool that can facilitate a more sophisticated understanding of the different tactics used, as well as a fine-grained analysis of the existing legal framework.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 This is also reflected in the Sustainable Development Goals. As set out in the global indicator framework for the Goals and targets of the 2030 Agenda, indicator 16.10.1 of Goal 16 requires quantification of the number of verified cases of ‘killing, kidnapping, enforced disappearance, arbitrary detention and torture’ of journalists, associated media personnel, trade unionists and human rights advocates.

2 Harassment’ is defined as ‘the act of making repeated attacks on an enemy’ (see: https://www.oxfordlearnersdictionaries.com/definition/english/harassment?q=harassment) or ‘illegal behaviour towards a person that causes mental or emotional suffering, which includes repeated unwanted contacts without a reasonable purpose, insults, threats, touching, or offensive language’ (see: https://dictionary.cambridge.org/dictionary/english/harassment). Emphasis added by the authors.

3 ‘Intimidation’ is defined as ‘⁣the act of frightening or threatening somebody so that they will do what you want’. See: https://www.oxfordlearnersdictionaries.com/definition/english/intimidation?q=intimidation.

4 As noted by the UN Special Rapporteur on Violence against Women in the 2018 report, new technologies will continue to give rise to new and different forms of online violence.

5 Other sources of violence were their sources or contacts (15%); their colleagues (14%), political party officials/workers (10%) and rival media organisation staff (8%).

Additional information

Funding

This work was supported by Bijzonder Onderzoeksfonds UGent.

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