cohesion and integration by outlawing discriminationon ethnic grounds, while also providingfor the powers and functions of the National Cohesionand Integration Commission.• The Evidence Act, Cap. 80, which provides theprocedural legislation that governs the productionand admissibility of evidence in Kenya. Incases involving cyber crime, and more so violenceagainst women, achieving this burden of proofmay sometimes be difficult given the nature ofevidence that is required to mount a successfulprosecution. Where, for example, victims of rapetake showers, or stalkers hide behind proxies, itmay be difficult to obtain sufficient evidence todischarge the burden of proof.• The Criminal Procedure Code, Cap. 75 (Rev.2009), which provides the general frameworkfor the enforcement of criminal law in Kenya andprovides the procedural guidelines for the conductof investigations, arrest, prosecution, trialand sentencing of accused persons.• The National Gender and Equality CommissionAct, No. 15 of 2011, which established the NationalGender and Equality Commission, whoseaim is the promotion of gender equality andfreedom from discrimination.• The Kenya National Commission on Human RightsAct, No. 14 of 2011, which established the KenyaNational Commission on Human Rights, whosemandate is the promotion of human rights.• The Mutual Legal Assistance Act, No. 36 of 2011,which provides a framework for legal assistanceto be given or received by the Kenyan governmentin investigations, prosecutions and judicialproceedings.• The Prevention of Organised Crimes Act, No. 6 of2010, which seeks to prevent and punish organisedcrime while also providing for the recovery ofproceeds of organised criminal group activities.• The National Police Service Act, No. 11A of 2011,which provides for the functions and powers ofthe National Police Service.• The Crime and Anti-Money Laundering Act, No.9 of 2009, which seeks to combat money launderingand provides for, among others, the identification,tracing, freezing, seizure and confiscationof the proceeds of crime. As cyber crimesspread, activities such as prostitution are beingrun by highly organised criminal groups wholaunder money from such activities into legitimatebusinesses.• The International Crimes Act, No. 16 of 2008,which domesticates the Rome Statute and providesfor the cooperation of Kenya with the InternationalCriminal Court.• The Data Protection Bill, 2012, which seeks toregulate, among others, the collection, processing,storing, use and disclosure of informationrelating to individuals that is processed throughautomated or manual means.In addition to national legislation, Kenya has ratifiedseveral international and regional treaties andconventions that have a bearing on human rights,including sexual and online offences. These include:• The Universal Declaration of Human Rights(UDHR), 1948• The International Covenant on Civil and PoliticalRights (ICCPR), 1966 (entry into force 1976)• The International Covenant on Economic, Socialand Cultural Rights (ICESCR), 1966 (entry intoforce 1976)• The Convention on the Elimination of All Forms ofDiscrimination against Women (CEDAW), 1979• The Declaration on the Elimination of Violenceagainst Women (DEVAW), 1993• The African Charter on Human and Peoples’Rights (Banjul Charter), 1981• The Protocol to the African Charter on Humanand Peoples’ Rights on the Rights of Women inAfrica, 2003• The Vienna Declaration and Programme of Action(VDPA), 1993• The Beijing Platform for Action (BPfA), 1995• The Victoria Falls Declaration of Principles for thePromotion of the Human Rights of Women, 1994• The Convention on the Rights of the Child (CRC),1989• The African Charter on the Rights and Welfare ofthe Child, 1990.Case studyCaroline Mutoko 3 is a radio presenter. She hosts the“Big Breakfast Show” on Kiss FM in Nairobi, Kenya.The show is one of the most popular morning shows,commanding a huge following and fan base. Mutokois regarded as “the queen of radio” and she has a3 www.Facebook.com/carolinemutoko?fref=ts160 / Global Information Society Watch
huge online following. Known as an apt advocate forcivil rights, she is considered fearless, and while thishas attracted numerous fans it has also attracted severallawsuits by politicians, as well as online abuse.She is known to involve her fans in developing topicsfor her daily show and solicits ideas using severalsocial networks, including Facebook. It is against thisbackdrop that in December 2012, some fans wrote onher Facebook wall requesting her to host the Safaricom4 CEO, Bob Collymore, so that he could addressa few pressing consumer issues, including quality ofservice and high charges. Mutoko did not oblige herfans on this request, and this resulted in online abusethat lasted several weeks.Safaricom is the leading mobile service providerin Kenya, with a 69.9% 5 market share andwith nearly as many subscribers as Kenya hasadults. 6 According to the Communications Commissionof Kenya’s (CCK) quality of service report, 7Safaricom only complies with six out of the eightparameters set by the CCK key performance indicatorsfor cellular mobile service providers.Mutoko’s refusal to engage listeners in a discussionwith the Safaricom CEO was therefore seenas “arrogance” and “ignoring average citizens”.She was accused of defending Safaricom, which isone of the largest advertising clients on the radiostation. Thousands of hate messages were postedon her Facebook page and several new Facebookpages were set up targeting her. One titled “RIPCaroline Mutoko” went viral. Below is an excerptfrom the Facebook page:Not even the President. The Kiss 100 brandsuffers when its brand leader wears the veil ofcockiness and speaks in corrosive tongues ofspite and disdain. No business will survive forlong with such verbal indiscretion and harlotry.She is no longer average or idle...she is an angry,hormonal wreck and has lost all emotionalthere [sic]. Radio Africa and their advertisersmust sanction her rudeness and hold her onshorter leash.As this case study demonstrates, online harassmentmost often invokes women’s sexuality and genderin ways that interfere with their dignity, wellbeing,4 Safaricom Ltd is the most dominant mobile network operator inKenya by market share. www.safaricom.co.ke5 www.cck.go.ke/links/consultations/current_consultations/Regulated_Services.pdf6 www.economist.com/news/finance-and-economics/21574520-safaricom-widens-its-banking-services-payments-savings-andloans-it7 www.cck.go.ke/consumers/other_info/downloads/QoS_Report_2011-12.pdflivelihood and identity. In some cases it may takea more indirect form of professional sabotage bydiscrediting women’s competence in their careers.Some of the ensuing injuries are unique to womenbecause men do not typically experience demeaningcomments and sexual threats suggesting theirinferiority due to their gender.Cyber crimes against women go largely unreporteddue to feelings of embarrassment, shame,and the belief that nothing will be done by thepolice or other authorities. This suggests existingstatistical evidence on cyber crime against womenis likely to be underestimated and the scope is stillquite difficult to ascertain. A 2005 study by AzyBarak, “Sexual Harassment on the Internet”, 8 suggestedthat approximately 40% of women internetusers had experienced online harassment. Anotherstudy by Francesca Philips and Gabrielle Morrissey,“Cyberstalking and Cyberpredators: A Threat toSafe Sexuality on the Internet”, 9 estimated that onethird of women internet users have been harassedonline.Online violence against women has a profoundeffect on the women targeted. It interferes with theirpersonal and professional lives, causing considerableemotional distress. It also raises vulnerability tooffline harassment, in some cases branding victimsas incompetent and inferior sexual objects. This canresult in women getting discouraged from engagingin online activities including learning and socialconnections.While online violence impacts the most on thetargeted individuals, according to Philips and Morrisey,“it also harms society by entrenching malehierarchy online.” 10 While Mutoko did not abandonthe use of online spaces, several women would findit difficult to continue maintaining social networks,blogs or websites after such experiences.A 2010 KICTANet study found that some internetservice providers (ISPs) were “advising Internet usersto stay away from social networks as a possiblesocial strategy against cyber crime.” ISPs need tobe discouraged from this approach, as women whomaintain an active online presence, including onsocial networks, should not be required to forgo itto escape harassment and violence. And disengagingfrom online communities does come at a cost,with women missing opportunities to advance theirprofessional reputations through networking effectivelyonline, participating and contributing topolicy-related discussions, and blogging, among8 construct.haifa.ac.il/~azy/SexualHarassmentBarak.pdf9 con.sagepub.com/content/10/1/66.full.pdf+html10 Ibid.161 / Global Information Society Watch
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Costa Rica . . . . . . . . . . . .
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IntroductionJoanne SandlerGender at
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excluded. 9 And while recent data n
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ox 1In February 2009, intimate pict
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egime, increasing surveillance of t
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Accessing infrastructureMariama Dee
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figure 2.Share of individuals with
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figure 4.Share of where internet wa
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figure 7.Main reasons why individua
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A digital postcard urging people to
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and set the scene for a new point o
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activity, exhorting citizens to exe
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to citizens. 30 The situated experi
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Sexuality and the internetBruno Zil
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ally exclusive. Commercial sex is a
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Sometimes, strangers they meet onli
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Violence against women onlineJan Mo
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elated forms of VAW have become par
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Men often feel that they own their
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ConclusionAs Daroczi, Shevchenko, R
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Online disobedienceNadine MoawadAss
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mapping platform for sexual harassm
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1800 1850 1900Maria Gaetana Agnesi(
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TodaySusan KareCreated the icons an
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Whose internet is it anyway?Shaping
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academic groundwork is needed, both
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empowered and disempowered by them.
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Whose internet is it anyway?Shaping
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Country reports
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P is for PIN: “The website works
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Crime of Trafficking, 9 which recei
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Role of ICTs in the trafficking of
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(1) If any person deliberately publ
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BOLIVIAPreventing digital violence
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Due to the popularity and widesprea
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a position of privilege.” 7 It be
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the councils that the spaces alone
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gradually become the primary field
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Sexuality in Communist Bulgaria”,
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• Of the five MPCTs selected, two
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• MPCT managers should regularly
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protest movement that has gained si
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to arise as to the evolving nature
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CHINAMicroblogs: An alternative, if
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domestic violence, and the exacting
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colombiaWomen’s rights, gender an
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• Women activists and human right
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CONGO, democratic republic ofOnline
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CONGO, REPUBLIC OFWomen’s rights
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The different uses of ICTs for wome
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cook islandsBalancing leadership: A
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spainShaping the internet: Women’
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and up to 23% to 25% in industrial
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Economic activityAt the end of the
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Action stepsSwitzerland has ratifie
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• Conducting social campaigns and
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gender equality in the new constitu
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inheritance rights. However, in man
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thailandThai cyber sexuality: Liber
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Table 1.Selected examples of online
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ugandaUsing ICTs to create awarenes
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united statesThe flame war on women
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Council that addresses online haras
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Because of this the DWU became cons
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venezuelaICT and gender violence in
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company PDVSA 41 (2), the National
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This image from Pakistan captures t