Confronting the Rise of Digital Violence

The Urgent Need for Legal Reform in the Era of Deepfakes

A silhouette of a person with long hair sitting in a darkened room. Their body is covered with digital zeroes and ones made of reflective red light.

Now we have to talk to the companies, to the private initiative, to the men who have the domain of algorithms in their hands, who have the domain of the internet in their hands, the complete control of the commercialization of our bodies through technology. It is not our intention to demonize digital spaces but to find more harmonious digital environments for women to inhabit. - Olimpia Coral

In an age where technology pervades every aspect of daily life, the dark side of digital innovation is coming to light: a surge in gender-based violence fueled by technological abuse. While the internet offers a platform for connection and empowerment, it has simultaneously become a battleground where women’s privacy, autonomy, and dignity are at risk. Online violence is an urgent and escalating global issue, disproportionately impacting women and girls worldwide and manifesting through new forms of abuse such as digital harassment, cyberstalking, and AI-manipulated imagery.

Understanding Digital Violence, Gender-Based Digital Violence, and the Need for Gender-Sensitive Recognition

Digital violence, broadly defined, refers to any form of violence or abuse that occurs through Information and Communication Technologies (“ICTs”) and that creates a hostile online environment with the aim of shaming, intimidating or degrading users. This includes a wide range of behaviors, from cyberbullying and online harassment to doxing, sextortion, and the non-consensual distribution of intimate images. However, when analyzing the disproportionate impact of these forms of violence on women, girls, and LGBTQ+ individuals, it becomes clear that digital violence is not gender-neutral. Instead, it is deeply rooted in existing gender inequalities and power dynamics, making it a distinctive form of gender-based digital violence (“GBDV”).

A 2022 report found overwhelming evidence of a gender and sexual identity-based component of technology-facilitated violence, where women, girls, and LGBTQI+ groups are much more likely to be targeted. Similarly, scholars have recognized the prevalence of and considerable injuries stemming from cyber abuse; since we know this abuse is disproportionately borne by women (often women with intersecting disadvantaged identities), the nonrecognition of GBDV is increasingly difficult to justify.

These forms of online abuse are pervasive, affecting women across all demographics but especially targeting some groups of women that are more vulnerable, or defy the status quo, such as women human rights defenders, women in politics-—including parliamentarians—journalists, bloggers, young women (mostly ranging from 18 to 24), women belonging to ethnic minorities and indigenous women, lesbian, bisexual and transgender women, women with disabilities, and women from other marginalized groups. For women who are especially vocal about gender issues the risks are even greater. A staggering 88% of respondents who shared feminist content on Twitter faced subsequent abuse or harassment, with many reporting that the abuse had a chilling effect on their willingness to continue their advocacy work.

The impact of digital violence on women's mental health and well-being cannot be overstated. Victims often experience anxiety, depression, and even post-traumatic stress disorder (PTSD) as a result of GBDV. These effects tend to aggregate over time; in some cases, the psychological toll is so severe that it leads to self-harm or even suicide. Moreover, the fear of online violence often forces women to self-censor, limit their online presence, or withdraw from digital spaces altogether. This not only restricts their freedom of expression but also hinders their ability to access information, education, and economic opportunities, further entrenching gender inequality.

This is why the United Nations Special Rapporteur on Violence Against Women has defined online violence as “any act of gender-based violence against women that is committed, assisted or aggravated in part or fully by the use of ICT.” This definition underscores that the digital sphere has become a critical new frontier for gender-based harm, where women are targeted not only because of their gender but also because of intersecting identities such as race, ethnicity, sexual orientation, and disability.

The recognition of digital violence as a gender-based issue is crucial for several reasons. First, it highlights the systemic nature of the problem, which is rooted in patriarchal structures that perpetuate inequality both online and offline. Second, it acknowledges the unique vulnerabilities faced by women, particularly young women, activists, and those from marginalized communities, who are often the primary targets of online abuse. Third, it underscores the need for gender-sensitive legal frameworks that address the specific harms inflicted by digital violence, rather than treating it as a generic cybercrime.

Deepfakes and Revenge Porn: A Stark Illustration of GBDV

Among the most alarming manifestations of GBDV are deepfakes and revenge porn. Deepfake technology, which uses artificial intelligence to create hyper-realistic but fake videos, images, or audio, has become a powerful tool for perpetrating gender-based violence. While deepfakes can be used for various purposes, including political manipulation and fraud, 98% of available deepfake videos are pornographic, and 99% of their subjects are women. This staggering statistic underscores the gendered nature of deepfake abuse, which is primarily used to exploit, humiliate, and control women.

The first deepfake created in 2017 was a pornographic video superimposing the face of actress Gal Gadot to make it appear that she was engaging in sexual acts. Since then, the use of deepfake technology for non-consensual pornography has exploded, with devastating consequences for victims.

Women who are targeted by deepfake pornography experience severe emotional distress, reputational damage, and professional setbacks. Victims often face public shaming, cyberstalking, and even physical threats, which can lead to job loss, social isolation, and long-term psychological trauma. Many victims report feeling a profound loss of autonomy and privacy, as their intimate images are shared without their consent and viewed by countless strangers. They cope with these persistent feelings through self-medication, alcohol abuse, isolation, and denial, signaling the profound mental health toll that results from persistent digital harassment and abuse.

GBDV, especially in the form of deepfake abuse, is not an isolated issue; it affects women around the globe. The COVID-19 pandemic intensified this crisis, as women in the public eye—including high-profile figures like U.S. Representative Alexandria Ocasio-Cortez and global celebrities like Taylor Swift—became prime targets. Even beyond these prominent cases, ordinary women, including young teenagers, suffer from digitally altered images that circulate as a form of revenge porn or blackmail, a traumatic experience that deeply disrupts their lives.

South Korea currently leads in the prevalence of deepfake content (with the U.S. following in second place). In the first half of 2024 alone, a total of 781 South Korean women sought help regarding deepfake crimes, with roughly one-third of victims being minors. South Korean Telegram chatrooms have been found to target teenage girls and their social media publications at more than 500 schools and universities, with the perpetrators mainly being teenagers themselves.

The authors of this blog can’t help but look into this issue in Latin America, specifically in Chile and Mexico, as our countries of origin have been drastically affected by GBDV and are both pioneers in related responses. In 2023, Mexico received 4,739 digital violence reports through its Cybernetic Prevention and Investigation Unit; of these, the majority were filed by women and underage girls. Inspired by the activism of Olimpia Coral, a young woman who fought for justice after a private sexual video of her was shared without consent, Mexico responded by passing the “Olimpia Law,” a legal response to this digital threat. This legislation aims to criminalize the unauthorized distribution of intimate images, setting a powerful example that other countries, including Argentina and Chile, are now beginning to follow.

The Urgent Need for Legal Reform

Despite the growing prevalence of deepfake abuse and revenge porn, legal frameworks in many countries, including the United States, remain woefully inadequate. While some states, such as California and Texas, have enacted laws targeting deepfake pornography, these efforts are often fragmented and insufficient to address the full spectrum of digital violence.

To this day, the lack of comprehensive federal legislation leaves countless women vulnerable to exploitation and abuse. Without meaningful protections against deepfake abuse and revenge porn, we are failing to safeguard women's rights in an increasingly digital world. The United States must prioritize the development of gender-sensitive legal frameworks that recognize the unique harms inflicted by digital violence, provide robust protections for victims, and deter future abuse.

Such frameworks should include, at the very least:

(1) Criminalization of Non-Consensual Pornography: Laws should explicitly criminalize the creation and distribution of deepfake pornography and revenge porn –among other forms of severe forms of GBDV–with severe penalties for perpetrators;

(2) Victim Support Services: Victims of digital violence should have access to comprehensive support services, including mental health counseling, legal assistance, and digital security training; and,

(3) Public Awareness Campaigns: Governments and NGOs should launch public awareness campaigns to educate the public about the dangers of digital violence and the importance of consent in online interactions.

A Call to Action

The rise of digital violence, particularly in the form of deepfake abuse and revenge porn, represents a grave threat to women's rights and gender equality. As technology continues to evolve, so too must our laws and policies. The future of gender equality and personal safety in the digital age depends on our collective willingness to act now.

We must recognize digital violence for what it is: a form of gender-based violence that requires urgent and targeted intervention. By implementing robust, gender-sensitive legal frameworks, we can protect women from exploitation and abuse, both online and offline. This is not merely a call to regulate technology; it is a call to affirm women's right to exist free from violence and to ensure that the digital world becomes a space of empowerment, rather than a battleground for gender-based harm.