By Boitumelo Zwane
The digital world has become an essential part of everyday life. We use technology to learn, work, communicate, conduct business, access public services and participate in and engage with society. Yet these same technologies can be used to intimidate, exploit, humiliate, defraud and silence others.
The consequences of online abuse are not confined to the screen of a device. A threatening message can create fear for one’s physical safety and the non-consensual sharing of intimate images can cause lasting psychological and reputational harm.
Online impersonation can damage livelihoods, while the publication of someone’s personal information can expose them and their families to harassment, stalking or physical attacks.
With October being observed as Cybersecurity Awareness Month in South Africa, digital safety must also be understood as a human rights, gender equality and public protection concern.
Cybercrime generally refers to criminal activity involving computers, digital devices, networks or electronic communications. Technology may be the target of the crime, the means through which it is committed, or both. Examples include hacking, identity theft, phishing, online financial fraud, and unlawful access to computer systems.
Technology-Facilitated Gender-based Violence (TFGBV), by contrast, describes violence, abuse or harm that is committed, enabled, intensified or amplified through digital technologies and that is linked to gender, gender inequality or discriminatory power relations.
It may take place through social media, messaging applications, email, online gaming, artificial intelligence tools or other digital platforms. Examples include cyberstalking, cyberbullying, online sexual harassment, gendered hate speech, threats of sexual violence, the non-consensual sharing of intimate images, sexual extortion, digital impersonation, and the use of tracking applications or spyware to monitor another person unknowingly.
The two above categories overlap. Both can involve the misuse of technology, violations of privacy, threats to personal security and the abuse of digital access. Both can cause significant financial, emotional, social and psychological harm.
TFGBV may also extend beyond the digital environment, with online threats developing into physical stalking, assault or other forms of violence. It is therefore important that cybercrime responses recognise not only the technical nature of an offence, but also the circumstances of the victim, the power dynamics involved and the broader consequences of the abuse.
Although anyone can become a victim of cybercrime or online abuse, exposure to harm and the ability to obtain protection are not evenly distributed. Age, gender, disability, sexual orientation, socio-economic circumstances, digital literacy and access to support services can all influence a person’s experience, thus reproducing inequalities that already exist offline.
Children, women and young people’s online interactions may expose them to cyberbullying, grooming, sexual exploitation, sextortion, impersonation and the non-consensual circulation of images. Lesbian, gay, bisexual, transgender, Queer, Intersex, Asexual (LGBTQIA+) people may experience abuse motivated by prejudice relating to their sexual orientation, gender identity, gender expression or sex characteristics (SOGIESC).
Persons and women with disabilities can face additional barriers where perpetrators exploit dependence on caregivers, social isolation, communication barriers or limited access to accessible safety information.
Vulnerability, however, must not be confused with weakness or blame; therefore, responsibility for abuse rests with the perpetrator. Prevention must address harmful conduct, unequal power relations, discriminatory attitudes and institutional barriers rather than expecting potential victims to carry the burden of keeping themselves safe.
South Africa has several laws that protect victims of cybercrime and TFGBV.
The Constitution of the Republic of South Africa, 1996, guarantees equality, dignity, privacy, freedom of expression and security of the person, obliging the state to protect these rights. The Cybercrimes Act 19 of 2020 criminalises specified cyber offences, including unlawful access to computer systems, cyber fraud and the unlawful disclosure of certain harmful data messages. The Protection from Harassment Act 17 of 2011 allows victims of cyberstalking and electronic harassment to apply for protection orders. The Protection of Personal Information Act 4 of 2013 (POPIA) safeguards personal information against unlawful processing and misuse. The Films and Publications Act 65 of 1996, as amended, regulates prohibited content and certain harmful or sexually explicit material. The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 addresses sexual offences, including child sexual exploitation and grooming. The Domestic Violence Amendment Act 14 of 2021 protects against relevant forms of abuse, including technology-enabled intimidation and control within domestic relationships. The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) addresses unfair discrimination, harassment and qualifying hate speech.
Together with other applicable legal and protection measures, these laws provide mechanisms for preventing abuse, pursuing accountability and protecting victims. However, effective protection depends on accessible reporting systems, appropriate support services, thorough investigations and the consistent enforcement of the law.
The Commission for Gender Equality (CGE) plays a significant role in ensuring that the gendered dimensions of cybercrime and TFGBV are not overlooked. Established under section 187 of the Constitution, the CGE promotes, protects and advances gender equality in South Africa. Its mandate includes research, public education, monitoring legislation and policies, investigating gender-related complaints within its jurisdiction, and recommending corrective measures.
In addressing some cybercrimes and TFGBV, the CGE raises awareness about online abuse and promotes responsible digital behaviour. It can conduct research to identify the experiences and reporting barriers faced by women and girls, LGBTI people and persons with disabilities. The Commission monitors institutional responses, identifies gaps in existing policies and practices, and advocates for accountability. Through collaboration with law-enforcement agencies, regulators and other stakeholders, it has been promoting more effective prevention and response mechanisms and advocating for accessible, inclusive and survivor-centred reporting and support systems. Ultimately, the CGE helps ensure that digital spaces uphold human dignity, equality, safety and freedom from discrimination.
Addressing cybercrime and technology-facilitated gender-based violence requires more than telling people to use stronger passwords, avoid suspicious links or adjust their privacy settings. Such measures are useful, but they cannot prevent all forms of abuse or substitute for accountability. Therefore, the government must ensure that laws are effectively implemented, that investigators have the skills and resources required to respond to digital offences, and that victims can access justice without unnecessary delays or discriminatory treatment. Law-enforcement agencies and courts must strengthen their capacity to handle digital evidence and respond sensitively to gender-based violence. Regulators and service providers must fulfil their respective legal obligations. At the same time, digital platforms should provide effective reporting mechanisms, respond appropriately to harmful content and take steps to reduce the misuse of their services.
Educational institutions must address cyberbullying, online sexual harassment and digital exploitation through age-appropriate education and clear reporting procedures. Employers must recognise that online abuse can affect workplace safety, professional reputations and economic participation. Civil society organisations should continue supporting victims, documenting emerging forms of abuse and promoting digital rights. Families and communities must create environments in which people, particularly children, can report online harm without fear of shame or punishment.
Every internet user also has a responsibility not to create, forward or amplify abusive content, and not to share someone’s intimate images or personal information without consent. We must all challenge gendered hate and harassment rather than treating them as entertainment, verify information before circulating it, respect privacy and report conduct that threatens the safety or dignity of others online.
South Africa’s constitutional commitment to equality and dignity cannot stop at the boundary between the physical and digital worlds. The same rights that protect people in their homes, workplaces and communities must inform society’s response when technology is used to threaten, exploit or silence them.
Boitumelo Zwane is the Education Officer at the Commission for Gender Equality.
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