Newsletter #64
Feature
REVIEW OF TA-DA TAKE DOWN ASSISTANCE SERVICES:
The dilemma of help seekers and the response of online platforms
In February 2021, our Association launched the Ta-DA - Take-Down Assistance Service for victims of image-based sexual violence to report intimate images released without consent to online platforms. In 2021, the Association has received 53 requests for assistance, including 291 valid links containing intimate images without consent. After reporting to the online platforms, 75% of the linked content and images were successfully removed.
Ta-DA service reveals the current situation of Image-based Sexual Violence
Among the 53 requests, nearly 60% of the service users were women. In addition to their intimate images being spread without consent, some claimed that they did not agree to shoot the intimate images (n=16) or had been threatened to disclose the intimate images (n=11). There were even 6 service users reviewed that they were having non-consensual sexual activities at the time. Regarding the identity of the distributers, around 60% of the seekers said they knew the distributers in person or knew their identity, and 25% of the distributers were former intimate partners of the help seekers.
The images are mainly distributed on social platforms (60%) and pornographic websites (40%). Social platforms include dating apps, discussion forums, messaging apps, etc. Although some of the major discussion forums and messaging apps in Hong Kong have relevant user terms of use, for example, prohibition of posting of adult content, and reporting mechanisms, they have not responded to the reports made by our Association and have not removed the intimate images. We have repeatedly reported 12 posts on LIHKG and 7 contents on Telegram. However, LIHKG would only selectively remove the reported content or postpone the removal of the content, while Telegram has never taken any action to delete the content.
Besides, we also discovered that distributors intended to disclose non-consensual intimate images on unregulated online platforms, and even redistribute them onto content farm sites in which makes it harder in removing the contents.. In order to avoid violating the policy of prohibiting posting sexual/pornographic images on the discussion forums, some users extended the discussion to Telegram, a social communication application known for its confidentiality and privacy. They distributed the images to multiple Telegram chat rooms at the same time for the members to download and share. What is even worse is that Telegram and content farms mostly do not respond to reports, making it even more difficult to completely terminate the continuum of image disclosure.
Online platforms' responsibility to stop image-based violence
Some large social platforms, such as Facebook and Twitter, have policies and reporting channels for non-consensual intimate images for victims to report images that violate the site's policies. In 2019, Facebook began to apply the technology of “preventing the release of intimate images on the platform without consent”. Victims can first submit their images that are suspected to be released without consent onto Facebook. Once Facebook detects the submitted images, the upload of the images would be terminated directly. As well as blocking the uploading accounts to put an end to the distribution of the images. On the other hand, Pornhub, the world's leading pornographic website, has established Model Program since 2021 which only allows verified users to upload videos onto it. Moreover, Pornhub it also increases the number of sensitive words that are banned from search engines and strengthens monitoring of search results. Regarding child sexual abuse material, in addition to applying the detection technology of other large websites to prevent the uploading of child sexual abuse images, Pornhub has also cooperated with more than 40 non-profit organizations to combat child trafficking and child pornography.
On the contrary, Telegram, which has more than 500 million registered users, has a negative attitude towards the issue of image-based sexual violence. Its software does not apply any filtering technology against child pornography, nor does it have a responsive reporting channel for the distribution of intimate images without consent. This allows distributors to encrypt the images and upload them on the platform for other users to download and share with others. Telegram has thus become a hotbed of image-based violence. Besides enhancing netizens’ awareness of their own rights and responsibilities, online platforms, as service providers, should also shoulder the responsibility of protecting users’ privacy and preventing the illegal distribution of intimate images. Since October last year, “publishing intimate images without consent” has been criminalized, and the ordinance covers the publication of such images online. Therefore, we believe that the platform should strengthen its supervision, including the explicit inclusion of the release of non-consensual intimate images as a prohibited behavior for members and the establishment of an effective reporting mechanism for users to report. At the same time, platforms should also actively respond to reports, meanwhile cooperate with groups concerned with image-based sexual violence to jointly combat crimes of sexual violence on the Internet.
Justice system closed its door on victims
Among the requests we received, 17 service users reported the case to the police, but very few cases were successfully filed. Most of the cases were not accepted by the police or remained on record. One service user reviewed that she immediately sought help from the police and the Office of the Privacy Commissioner once she realised her personal information and private photos were disclosed through an impersonation account of her. However, the police said they were unable to provide any assistance while the Office of the Privacy Commissioner requested more personal information of the distributer, such as his/her name and contact information. According to Ta-DA's service data, not all cases know the identity of the distributors. 14 (26%) of the service users did not know who the distributors were, and 6 of them said they only knew the account which published the images but did not know the user. In addition, 6 said that they are only friends with the distributors online and have never met each other in real life.
Netizens use virtual identities to protect their personal privacy, because of that, victims cannot know the real identity of the perpetrator in the internet, causing obstacles to investigation. Current law enforcement departments lack the knowledge and sensitivity to handle cases of non-consensual release of intimate images. They require the person seeking help to specify the identity of the distributer, transferring their responsibility of tracing the identity of the distributors to the victims. They ignore the fact that the victims lack knowledge or skills on tracing the identity of the distributors on the Internet. At the end, police simply refuse to press charges because of insufficient evidence or failing to identify the distributors. The above-mentioned experience in seeking help reflects that the current law enforcement procedures and judicial system have not been able to adapt to the new form of image-based violence, causing a greater burden of proof and trauma on the people seeking help.
Conclusion
Cybercrimes are ever-changing. The judiciary should also keep abreast of the times, increasing the awareness of different forms of image-based violence and reviewing outdated law enforcement procedures so as to respond to the needs of those seeking help. Meanwhile, online platforms should also undertake social responsibilities. They should establish a comprehensive reporting mechanism to actively respond to reports of non-consensual distribution of intimate images, eliminating the chance of image-based violence on the platforms and reducing the trauma of victims.
Hear Me Out
WALKING TOGETHER THROUGH THE STORM:
ADDRESSING THE PROBLEM OF CHILD SEXUAL ABUSE
According to the definition given by the World Health Organization, sexual violence is any sexually offensive conduct towards another person without their consent. In Hong Kong, where gender equity has not yet been achieved, it is indeed common for women to encounter incidents of image-based sexual violence, sexual harassment, indecent assault, rape, and other sexual assaults. According to a research report, one in seven Hong Kong women had experienced sexual violence, but less than one out of ten sought helps. The reasons for this are the social and cultural factors and the lack of friendly measures to encourage victims to report to the police or ask for help. To prevent and reduce the occurrence of sexual violence, a three-pronged approach including service, education, and advocacy must be adopted. In terms of services, counselling and support should be provided for victims to be healed from their trauma; in terms of education and advocacy, the root causes of sexual violence must be tackled through public education, legislation, and policy formulation to change the culture in our society. In this way, a social environment with gender justice and equality and respect can be created.
Therefore, on March 8, 1997, three co-workers who have been engaging in women's services and I founded the Association Concerning Sexual Violence Against Women to raise the awareness of the public towards the issue of sexual violence against women, and also to urge the government to pass legislations protecting women from sexual violence and provide support services. At that time, there were no institutions dedicated to serving and assisting victims of sexual violence. In view of this, in 2000, we established Hong Kong's first sexual violence crisis center, RainLily, which provides 24-hour “one-stop” crisis intervention services for female victims aged 14 or above, including medical follow-up, accompaniment to the police station and emotional support through counseling, in order to support the victim to go through and get heal from the trauma. In the 21 years since its establishment, through setting up a network and platform for survivors of sexual violence, RainLily has encouraged more to break their silence and actively participate in policy advocacy and legal reform together. It is hoped that this can help other victims of sexual violence fight for their rights and contribute to educating the public and taking another step towards gender equity in Hong Kong.
Looking back on my work over the years, I am glad to see that legislations on the protection of victims of sexual violence have been enacted one after another. The revised legislations have indeed helped to promote gender equity, eliminate sexual violence and discrimination, and provide better protection for victims of sexual violence. However, on the other hand, problems such as child sexual abuse and delays in reporting have not been significantly improved. Taking the research report released by RainLily in 2019 as an example, among the cases handled by the center in the past years, one-fifth of the victims were under the age of 16 at the time of the incident, and they delayed seeking help from RainLily for an average of 13.2 years, which shows that this is a severe situation. Our society needs to face the problems of child sexual abuse and delay in reporting and must deal with them immediately. We need to use different channels more proactively to guide children and young people to understand the issue of sexual violence, and strive to promote this to the public, especially parents, let them learn more about it and cultivate their empathy so that they can become effective supporters for victims, and reduce second trauma to victims in society.
When I was reading the life stories of child sexual abuse victims in “Surviving Voices”, I realized that even though they were struggling with the pain of sexual violence, in the process of going through the hardships, there were still some people sending support to them, be it a WhatsApp message, a cup of coffee, or a greeting. This little bit of comfort and care makes me feel the connection between different lives. Although suffering can make life helpless, it cannot turn our world ruthless, and we must not allow victims of sexual violence to suffer alone and be forgotten.
Linda S.Y. Wong, Executive Director of Association Concerning Sexual Violence Against Women