Chapter Breakdown of International and Regional Instruments Addressing TFGBV 

By Cherie Oyier

KICTANet’s new publication on the existing legal frameworks relating to technology-facilitated gender-based violence (TFGBV) in Kenya authored by Dr. Owiso Owiso and Ivy Kinuthia takes a deep dive into the foundational developments made at the international, regional and  national level towards recognising, defining and remedying TFGBV.

The definition of TFGBV by the United Nations Population Fund (UNFPA) that is “an act of violence perpetrated by one or more individuals that is committed, assisted, aggravated and amplified in part or fully by the use of information and communication technologies or digital media, against a person on the basis of their gender” is adopted  as the working definition in this report. 

Highlights on International and Regional Instruments that Recognize TFGBV

The first chapter of the report focuses solely on the international and regional instruments that recognise different forms of harms online. While these instruments do not use the term TFGBV specifically, the description of harms fit the working definition provided by UNFPA above. 

1. The United Nations General Assembly (UNGA) in its resolution on the Right to Privacy in the Digital Age (16th  December 2020) recognised the heightened risk to women and children (girls in particular) and other vulnerable and marginalised persons face in the digital age.
2. The United Nations Human Rights Council (UNHRC) Resolution on the Right to Privacy in the Digital Age (12th October 2023) recognised the vulnerability of women, girls, children, persons with disabilities, older people and other marginalised persons and persons in vulnerable situations to online abuse and violations. It recommends that states implement legislative, preventive and remedial measures including sanctions against such violations.
3. The United Nations General Assembly (UNGA) in its resolution on Promotion and Protection of Human Rights in the Context of Digital Technologies (19th  December 2023) recognised the particular exposure vulnerable persons are exposed to by new and emerging technologies. This resolution also calls for states to set accountability, mitigatory and remedial measures through legislation to ensure the protection of these groups.
4. The United Nations Human Rights Council (UNHRC) Resolution on its resolution on Freedom of Opinion and Expression (10th July 2024) recognised the increased incidences of online threats, harassment, violence and intimidation targeting women and girls and urged states to put in place measures include investigation and prosecution of such harms. 
5. At the regional level, the African Commission on Human and People’s Rights (ACHPR) in its August 2022 and November 2024 on the Protection of Women Against Digital Violence in Africa and On Promoting and Harnessing Data Access as a Tool for Advancing Human Rights and Sustainable Development in the Digital Age respectively  recognise the disproportionate and gendered effect of digital violence. Both resolutions calls for states to put in place legislative measures to counter TFGBV.  
6. The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) in its General Comment No.7 on Article 27 of the Sexual Exploitation of the African Charter on the Rights and Welfare of the Child (2021) recognise the risk of new and emerging forms of online sexual exploitation and calls for criminalisation of these harms.

Specific Harms Recognised in International and Regional Instruments

Throughout the first chapter of this report, it is clear that there is consensus, in all the instruments, on the specific types of online harms that disproportionately  affect women, girls, children, marginalised persons, among others. These online harms include: 

1. Cyber-harassment,  
2. Cyber stalking, 
3. Cyber bullying, 
4. Online defamation, 
5. Gendered online hate speech, 
6. Online grooming, 
7. Sexualised online abuse, 
8. Sextortion, 
9. Non-consensual sharing of intimate images, 
10. Doxing, and 
11. Unsolicited sexually explicit content

Conclusion 

This first chapter of the research report lays a foundational background of the legal developments on TFGBV. Importantly, it also provides context that deconstructs notions that TFGBV is either imagined or non-existent. The recognition of these harms by the international and regional community to warrant addressing indicates their seriousness and points to the work that must be done to combat it. This research report therefore, is one of the measures KICTANet is taking towards not just raising awareness on TFGBV but also highlighting gaps in the legal landscape hence holding to account  relevant stakeholders responsible for enacting, implementing and enforcing laws focused on combating TFGBV in Kenya. 

Cherie Oyier, Programs Officer-Women’s Digital Rights, KICTANet