They propose including digital sexist violence in the Gender Violence Law: “We want to recognize virtual rights”

The non-consensual dissemination of intimate material, the revenge porn and sextortion are not a crime in Argentina. It is hardly a contravention within the scope of the City of Buenos Aires, with a very low penalty. For this reason, Congress and with the support of feminist groups are seeking to modify the Law for the Comprehensive Protection of Women to include digital and telematic violence.

Josefina Mendoza, national deputy, raised in the Women and Diversity Commission a week ago regulate digital and telematic violence against women, a proposal that had already had half a sanction from Deputies in 2019.

Read also: Her ex impersonated her, viralized her intimate photos and gave her a trial date for 2024: “I’m resisting so as not to fall apart”

-What is the Digital Violence and Telematic Violence Bill that you presented about?

-It is an initiative of the Digital Feminist Activism Foundation -chaired by Marina Benítez Demtschenko, a lawyer specialized in the subject and a victim of digital violence- that modifies the gender violence law to incorporate digital violence and telematics as a way of exercising it. What we seek with this project is to modify what we know as the Law for the Comprehensive Protection of Women, which is 26,485 or the Law on Gender Violence. What we propose is to incorporate digital violence as a type of violence and telematic violence as a way of exercising violence against women. We believe that digital violence should be recognized as a type of violence against women or against women. There are plenty of experiences that show that this is the case, but the modality of exercising this violence by telematic means even changes many times.

They propose to include digital sexist violence in the Gender Violence Law:

-What type of conduct could be punished with this modification of the law?

-Mainly we are recognizing digital rights. If we talk about the acts of digital violence suffered by women, they range from hacks, or intrusion into personal accounts on different platforms; that intimate material is disseminated in a non-consensual manner – which is represented erotically or sexually -; actions or threats, typical of violence against women in a digital and telematic way. If this is implemented the victims would have the protection of the law and the right to carry out or channel a judicial process in this case for being victims of digital violence. This project was presented in 2018, had a half sanction in 2019 and then did not advance. In the Senate it did not prosper, it was stuck there and it was never discussed. Unfortunately, because having the mediation of Deputies, if it had happened, it would already be law. That is why we have presented it again a few days ago, seeking that in the short term it will have a half sanction of Deputies again and then follow up on this issue in the Senate so that the same thing as 2019 does not happen again. We have requested in the Chamber’s Commission for Women, Genders and Diversity will promptly address this project, because although it has just entered, I believe that with the antecedent of having been treated in Deputies and having given it half a sanction and that it has come out with the consensus that came out I think it would be feasible for this to be addressed in the short term.

Proposal for a law on digital sexist violence

The project on the removal of images with sexual content

This week the Senate Women’s Bank gave the green light to a project that forces the removal of real or apocryphal images or videos with intimate sexual content published without the consent of the affected women. The initiative could be debated after the legislative elections.

The proposal debated on Monday, November 1 within that commission also incorporates the law to eradicate violence against women an article that covers the concept of digital or online violence to the modality of using technology to disseminate images that affect the intimacy of women.

They propose to include digital sexist violence in the Gender Violence Law:

If this norm is approved in the next session, Law 26,485 will include an article that calls “digital or online violence” to “that which through the use of information and communication technologies (ICT): Internet platforms, mail electronic, text messages, digital networks or any other digitized modality by which it is obtained, distributed, disseminated, exhibited, reproduced, transmitted, commercialized, offered, exchanged and / or shared images or videos, real or apocryphal, of intimate sexual content of one or more women without their consent ”.

The Senate bill was criticized by the president of Fundación Activismo Feminista Digital.

They propose including digital sexist violence in the Gender Violence Law:

The difference with the project on digital sexist violence

-How does the Senate bill change with respect to yours in Deputies? – I ask TN to the deputy Mendoza.

-The project of my authorship together with the Fundación Activismo Feminista Digital has some conceptual differences with that of the Senate, and also in form. The latter defines digital violence as a modality and not as a type. This supposes not knowing the characterization of the law itself that is intended to be modified, and the meaning of the categories that it proposes. In addition, in our project we take observations that the FAFD made to the Senate project, regarding the importance of not omit the incorporation of digital rights as an affected legal asset by digital violence, and consequently, the digital literacy as a preventive path. Likewise, unlike the bill in the Senate, we point to the need to have the express mention of the gratuitousness of everything that the path of complaint and investigation related to it requires. This supposes an express consideration of the gender perspective in the matter. Based on these substantial differences, We consider that our project is superior in the best legislative approach to digital violence.

They propose to include digital sexist violence in the Gender Violence Law:

-How was the work with the Fundación Activismo Feminista Digital

-They brought us the initiative a while ago, they were working on it with our team of advisors. The initiative is practically all of the girl from the Foundation. We take it because it is very important to continue deepening this link between organizations in civil society and politics or institutions. The project already came with a precedent, because it had had half a sanction in deputies, over time we learned about the work of the Foundation, the seriousness, the professionalism with which they handle the issue. It seemed very important to us to be able to lead this fight for this law in deputies. We recently had a meeting of the commission that is the head of this project, I requested prompt treatment, in the short term, if the Commission met again before the end of this legislative period, on November 30, we could discuss it on the premises also, we will work for that.

Comprehensive Sex Education and Digital Violence

-Does the proposal also include integrating this type of violence into Comprehensive Sex Education?

-Just as one has a personality in the world, so to speak, “earthly”, one also has another in the digital sphere. You project yourself with this digital personality based on what you build socially and culturally. Then first we have to implement ESI, deconstruct ourselves, and then how we regret acts of violence, bullying, in the classroom environment, physically, it is something that after kids can manifest the same way in the digital realm. That is why for us the recognition of digital rights is important, in this case of women, because we refer to sexist violence, and therefore it is important that it be worked on in Comprehensive Sexual Education.

More news about revenge porn and digital sexist violence

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Helen Hernandez is our best writer. Helen writes about social news and celebrity gossip. She loves watching movies since childhood. Email: Phone : +1 281-333-2229

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