This article addresses the disproportionate violence suffered by women in online spaces such as social media platforms. It discusses the interconnectedness of rape culture, the manosphere, and online violence against women. With a focus on South Africa, this article then explores the various ways in which the SADC Protocol on Gender and Development can be leveraged to tackle online violence against women, in fulfilment of the Protocol’s objective of addressing emerging gender issues and concerns (Art. 3 (c)).

According to a report by World Population Review, South Africa currently has 25.8 million social media users. Additionally, the country was ranked 2nd in Africa for the amount of time spent daily by social media users. The increasing use of social media platforms not only in South Africa but also globally, has been described by Lydia Zigomo, UN Population Fund Regional Director - East and Southern Africa, as a ‘double-edged sword for women and girls’ because of the disparity in how digital spaces impact women and men.

In a 2018 Report, former UN Special Rapporteur on violence against women, Dubravka Šimonović defined online violence against women as:

Any act of gender-based violence against women that is committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the Internet, social media platforms or email, against a woman because she is a woman, or affects women disproportionately.

While gender-based violence (GBV) has always been a pressing global issue, Dr Eileen Carter of the South African Human Rights Commission notes that the prevalence and increased use of social media platforms has not only amplified the issue of GBV, but it has also created ‘new avenues’ for its perpetration. Some of the ways in which violence against women manifests in online spaces include non-consensual distribution of intimate images, cyberstalking, cyberharassment through threats of physical and sexual violence, and gender trolling to incite violence and hate speech against women and girls. Although these forms of violence against women are specific to digital spaces, it is important to note that they are not separate from physical violence against women offline. Rather, online violence against women is ‘part of a continuum of multiple, recurring and interrelated forms of violence against women and girls’. This means that online violence against women is also underpinned by social norms which reinforce gender-based inequalities and perpetuate patriarchal ideologies such as the subordinate status of women in society.

Rape culture is one of the social norms that sustains and arguably encourages online violence against women. Given that rape culture is characterised by shaming and blaming women for being assaulted, this social norm strengthens societal attitudes that women are inferior or subordinate. The violence that women face, including online, is considered to be both a consequence of gender-based inequality and a means of maintaining it. In this way, rape culture can be regarded as a necessary element for a comprehensive understanding of online violence against women.

Some of the ways in which rape culture is perpetuated online include the use of hateful and misogynistic language, toxic masculinity, excusing perpetrators of sexual assault, discrediting victims when they speak up, and teaching women how to avoid being assaulted. In the South African context, a study based on the 2016 #endrapeculture protests in South Africa found that victim blaming was one of the main manifestations of rape culture on social media. This included narratives that women invite sexual assault based on how they dress or by putting themselves in situations where they are likely to be assaulted. This was despite the fact that the protests did not have an identifiable victim, rather they were targeted at raising awareness of the social structures that allow rape to occur. These findings thus suggested that rape culture, particularly victim blaming, is ‘ingrained in the public consciousness’ of the South African social media users in the study.

The interplay of rape culture and online violence against women is exemplified through what is commonly referred to as the manosphere, which is an online community of men expressing their support for men’s rights by asserting toxic notions of masculinity and blaming women and feminism for men’s problems. Speaking in an Africa Insights podcast on Toxic Masculinity, South African author and feminist Rosie Motene noted that ‘just like all forms of misogyny’, the manosphere in South Africa is ‘incredibly toxic, violent, and abusive’. She added that these online spaces allow social media users to make rape and murder threats, as well as to use horrific and violent language without being held accountable. Through the manosphere, rape culture thus continues to be normalised in digital spaces and online violence against women continues to persist in South Africa.

In terms of the domestic legal framework for tackling online violence against women, South Africa does not have specific legislation for online violence against women, however, legislation such as the Protection from Harassment 2011, the Cybercrimes Act 2021, the Domestic Violence Amendment Act 2021, and the Films and Publications Amendment 2019 may be relied on to provide some redress for victims of online violence. For example, under the Cybercrimes Act, perpetrators of online violence against women may be tried for crimes such as gender trolling, threats, and revenge pornography online. However, research shows that because these pieces of legislation do not explicitly address online violence against women, they fail to recognise that online violence is a gendered and intersectional issue that affects women and girls disproportionately, thus giving inadequate protection to those who are most affected. Nevertheless, the protection offered by these laws may be maximised if implementation and enforcement is done in a way that is cognisant of intersectionality and gender sensitivity.

Beyond the domestic legal framework, the SADC Protocol on Gender and Development provides an opportunity for South Africa to provide further protections and do more to tackle the issue of online violence against women. Firstly, South Africa is obligated to ensure that perpetrators of all forms of gender-based violence are tried by a competent court (SADC Protocol Art. 20 (1)(c)). This includes perpetrators of online violence against women but since online violence is not often considered ‘real’ violence, those who commit it are also not often considered as perpetrators of gender-based violence. Additionally, trying people for what they post online may be regarded as curtailing freedom of expression, a right that is guaranteed in South Africa’s Constitution. However, gender activists assert that online violence against women is also a freedom of expression issue because South Africa’s constitution does not extend the right to freedom of expression to advocacy of hatred that is based on gender. Therefore, by ensuring that perpetrators of online violence against women are tried, South Africa would not only be fulfilling its obligation as a state party to the Protocol, but it would also be upholding and protecting a constitutionally guaranteed right.

Another way in which South Africa can leverage the Protocol to address online violence against women in South Africa is by taking measures as set out in Art. 21(1) to discourage norms including social practices which legitimise and exacerbate the persistence and tolerance of gender-based violence. In its National Strategic Plan on Gender-Based Violence and Femicide (2020-2030), South Africa recognises the issue of online violence against women and it has set out plans to achieve behaviour and social norm change by rolling out cyber-awareness programmes to promote online safety. In addition to this, South Africa could utilise the Protocol and go a step further by exploring ways of discouraging the social practice of rape culture and its online amplifications in the manosphere, where online violence against women is justified and encouraged.

For example, public awareness programmes that highlight the harm caused by rape culture and its connection to violence against women (online and offline) may contribute to the behaviour and social norm change that South Africa plans to achieve by 2030. Arguably, these programs may even be viewed as a form of widespread social rehabilitation (SADC Protocol Art. 20 (4)) of perpetrators of online violence against women due to their beliefs and involvement in the manosphere, which as noted earlier, enables and promotes online violence against women. Therefore, leveraging the SADC Protocol to change behaviour and social norms around rape culture in South Africa would address a key dimension of online violence against women while simultaneously contributing to the achievement of the country’s National Strategic Plan.

The SADC Protocol on Gender and Development offers multiple opportunities for state parties such as South Africa to leverage it to combat online violence against women, an emerging gender issue that is being worsened by rampant rape culture, toxic masculinity, and misogyny in the manosphere. In order to guarantee the online safety of women, girls, and people of diverse sexual and gender orientations, South Africa should maximise the full potential of the Protocol and employ all measures available to adequately address the issue of online violence.