As technology becomes more integrated into daily life, Gender-Based violence is expanding into the digital realm, posing new threats to women and other vulnerable groups.
According to UN Women Technology, Facilitated Gender-Based Violence hereinafter referred to as TFGBV is any act of violence that is committed, assisted, or amplified through digital tools or information and communication technologies.
TFGBV is most likely to cause physical, sexual, psychological, social, political, or economic harm.
Similarly, the UNFPA defines TFGBV as violence enacted through digital media, targeting individuals based on their gender.
TFGBV can take many forms including cyberstalking, online harassment, non-consensual sharing of intimate images commonly known as revenge porn, sextortion, cyber mobbing, online grooming, doxing, online impersonation, trolling, unlawful surveillance and the creation of deep fakes, AI-generated realistic but fabricated images or videos.
Although TFGBV often occurs in digital spaces, it also extends beyond the internet, involving various technologies like GPS devices and recording equipment, leading to a spillover between online and offline violence.
Rwanda’s digital transformation and growing risks
As Rwanda’s Digital economy expands, with 4.91 million internet users and mobile phone penetration at 86.2%, women are increasingly vulnerable to TFGBV.
According to the demographic and health survey 2019-2020 from the National Institute of Statistics in Rwanda, it was revealed that 41% of women aged 15-49 had experienced physical or sexual violence in their lifetime, and 22% have faced sexual violence at least once in their lifetime.
While Rwanda has made significant progress in combating physical forms of GBV, these statistics do not capture the growing threat of violence in digital spaces.
A study conducted by Rutgers across Africa, including Rwanda, as well as Asia and the Middle East, shows that the legal frameworks often fail to address the gender-specific nature of this violence.
For instance, Rwanda’s cyberlaw outlines offences related to illegal online activities, including impersonation, cyberstalking, phishing, spamming and cyber fraud as well as the publication of Pornography.
The issue with this is that these provisions are not framed through the gendered lens, particularly in the context of TFGBV which poses significant dangers as TFGBV is deeply rooted in systematic gender inequality and is often connected to broader societal issues of violence against women.
Failing to recognize the unique context of TFGBV can lead to inadequate legal responses, insufficient support for victims, and a lack of targeted prevention strategies, ultimately perpetuating the cycle of violence and silencing marginalised voices.
Global approaches to TFGBV
Several countries have taken progressive steps to address technology-facilitated gender-based violence recognizing that these crimes are committed against individuals based on their gender.
In Canada, the Criminal Code criminalises the non-consensual distribution of messages, photos, or private information through digital tools, addressing key forms of TFGBV like revenge pornography.
Australia’s legal framework also stands out, with the Summary Offences Act of 1966 criminalising the distribution or threat of distributing intimate images, while its Crimes Act addresses stalking, extortion, and threats with the intent to inflict serious injury or harm.
The South African Cybercrimes Act criminalises the unlawful, intentional disclosure of an "intimate image” without the consent of the person depicted in the image highlighting the gendered nature of such offences.
The need for reform of the 2008 GBV law
Rwanda’s 2008 Gender-Based Violence (GBV) Law was groundbreaking but primarily focused on physical and sexual violence, leaving gaps in addressing digital violence.
Updating the law to recognize and criminalise TFGBV is critical to protecting women from the growing dangers of online abuse. The inclusion of provisions targeting the non-consensual sharing of intimate images, cyber harassment, and sextortion would ensure that Rwanda's legal system addresses both physical and digital harms equally.
By modernising its GBV law, Rwanda would take a decisive step in safeguarding women’s rights in the digital age, sending a clear message that violence, whether physical or digital, must be treated with equal severity.
The author is a human rights lawyer currently researching the intersection of tech and GBV.