CYBER VIOLENCE AGAINST WOMEN AND GIRLS

were all aware that a crime had been committed against
them and that they were entitled to some form of redress.
Ultimately it remains the duty of the state to uphold
women’s rights.” 102
The APC report also found that women’s access to justice
was negated by:
• The complexities in the law itself;
• The structural or systemic failure of the law to
address technology-related VAW and to respond
to women seeking access to remedies in cases of
violence;
• The prevailing attitudes in society and of the
duty bearers characterised by gender bias and
discrimination;
• A culture of impunity whereby the legal system
was perceived as unable to address VAW, and
the assumption that perpetrators would not be
punished.
Nonetheless, some examples of emerging laws include
the following:
• In the Unites States, Congress passed the
Violence against Women Act in 1994 (VAWGA
1994) as part of the Violent Crime Control and
Law Enforcement Act of 1994. The protections
and provisions afforded by the 1994 legislation
were subsequently expanded and improved in the
Violence Against Women Act of 2000 (VAWGA
2000) and the Violence Against Women and
Department of Justice Reauthorization Act of 2005
(VAWGA 2005). 103
• In 2014, six states in the USA have criminalised
revenge porn - Alaska, California, Idaho, Maryland,
New Jersey and Utah 104 . Revenge porn bills are
pending in twenty two states. The terms have to
be specifically defined to clarify what is meant by
the term ‘sexually explicit’. A model state law is
suggested by Citron. 105
• Canada: Investigation and Preventing Criminal
Electronic Communications Act (2012) (Bill C-30)
place greater restrictions and reduce privacy online
by requiring ISPs to retain data for longer periods
of time (thus making them available by subpoena
without individual notification). The Government of
Canada has introduced Bill C-13, the Protecting
Canadians from Online Crime Act, which would
make it a criminal offence to distribute intimate
images without the consent of the person
depicted.
• India: Indecent Representation of Women
(Prohibition) Act 1986 (IRWA), is currently under
consideration for amendment by Parliament to
include virtual spaces. 106 Indian laws regarding
42