Statement on the Ministry of Justice's memorandum on the regulation of online targeting and shaming under criminal law (TAS 530/2022, issued 31 October 2022)
The Ministry of Justice has invited statements on a memorandum assessing the need for changes to criminal legislation in order to regulate online targeting and shaming. The memorandum considers it appropriate to make online targeting and shaming a criminal offence. Both initiating online targeting and shaming and participating in it would be made punishable. Online targeting and shaming would be an offence subject to public prosecution.
The Ombudsman for Equality supports the memorandum's conclusions regarding the need for the regulation of online targeting and shaming under criminal law and finds that its criminalisation under its own heading in the Criminal Code should go forward. The criminalisation of online targeting and shaming can serve as a general deterrent. It would protect individuals targeted with such acts and promote the realisation of fundamental rights. The proposed amendment is also intended to safeguard the conditions required for a functional democracy, the work of the authorities, research and free media.
The gender perspective is essential for understanding the phenomenon
The Ombudsman for Equality finds it unfortunate that the gendered nature of online targeting and shaming is not taken into account in the memorandum's discussion of the phenomenon as a whole and in terms of specific professions or in the justifications for the proposed legislative amendments.
The prevention of online targeting and shaming also requires taking into account the gendered nature of the phenomenon and identifying the link between gendered violence and racialisation. If the gender perspective is not taken into account in the assessment of legislative amendment needs this could be reflected in the handling and monitoring of possible online targeting and shaming offences.
A broad-based impact assessment is a key part of high-quality legislative drafting. The memorandum discusses the social and financial effects of the proposed amendments. This discussion does not cover their gender-specific impact, however. Gender impact should be assessed in all law drafting and its preparatory stages.
The Ombudsman for Equality would like to remind the authors that the Act on Equality between Women and Men (609/1986) obliges the authorities to purposefully and systematically promote equality between women and men. These obligations apply to all aspects of the government's work and thus also to law-drafting processes.
In his reports to Parliament (K 22/2018 vp and K 1/2022 vp), the Ombudsman for Equality has recommended including the gender perspective in all studies and measures concerning hate speech and hate crimes.
Gender-based systematic harassment and hate speech
Gender-based harassment, sexual harassment and misogyny are systemic social problems that erode the conditions for a functional democracy.
On average, harassment, hate speech, persecution, online targeting and shaming, and sexual violence manifest as different phenomena when committed or experienced by women and men. For example, female journalists, researchers or politicians are publicly threatened with sex offences more often than their male counterparts. Female decision-makers also report more gender-based hate speech than their male counterparts. This can decrease active participation by women and thus narrow the representativeness of social decision-making.
Finland's human-rights obligations, EU initiatives and national equality and human-rights policy documents should be taken into account in further preparation
The Government Equality Policy Report (VNS 5/2022 vp) sets Finland the national target that gender-based discrimination or hate speech will not restrict anyone's freedom of expression and participation in society.
The spirit of the report is in alignment with recent EU initiatives. The European Parliament has urged the Commission and Member States to include misogyny in the forms of hate speech and recognise misogynistic assault as a hate crime (European Parliament Resolution 2022/C 251/01).
The European Commission's proposal for a Directive of the European Parliament and of the Council on combating violence against women and domestic violence (2022/0066 (COD)) should be taken into account in preparing the regulation of online targeting and shaming under criminal law. Finland's international human-rights obligations also require Finland to take action to prevent all forms of violence against women.
24.11.2022
