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The incredible development and benefits of Internet technology have been abundantly enjoyed by all who have access to it. Amidst today's unbalanced power structure, the Internet may become the ultimate choice for fundamentally marginalized communities.
However, the undeniable fact is that the internet platform (social media) has become the place of more violence and abuse suffered by women, Dalits, tribals, people with sexual and gender diverse identities and sex workers.
According to Abha, an activist for the rights of the sex worker community, most sex workers have suffered a lot of sexual violence, character comments and threatening attacks on the Internet because of their profession. According to various researches, 45 to 75 percent of sex workers experience sexual violence at their workplace. Sexual and gender-based violence, abuse and discrimination experienced in real life is also the same in social networks.
In the social, political, legal and practical conditions of patriarchal ideologies and power structures, certain communities, genders, professions are always rejected and excluded. Their appearance, expression and choice are not judged. Basically, sex, sexual expression and sexual practices are limited and restricted in the name of social discipline. Women's bodies and sexuality are bound by chastity and family prestige, and their personal freedom is stifled. In this situation, sex workers and the rights related to sex work become more complicated. The violence they suffer becomes more sophisticated with the many identities of the sex worker community including class, ethnicity, sexual and gender, geographic, disability.
There are more cases of breach of confidentiality and threats to sexual exploitation of sex workers. There is a lot of violence from clients while providing sexual services. Customers take photos, videos without permission. Incidents such as sexual slavery and financial fraud are increasing by making the same video content public or threatening to do so. In addition, it is also seen that customers share their details, profiles and contact numbers without the permission of sex workers in their circle of friends and group chats on social networks. Later, those who get the same information harass the sex workers in various ways.
Damayanti is a sex worker. She narrates that she receives calls from a new number on her mobile phone, offers sexual relations from a new account on Facebook Messenger even though she does not agree, and threatens to refuse. It is his experience that most of the sex workers experience mental stress and insecurity due to such experiences.
In the last stage, the identities of some sex workers, who do not want to be revealed, have been made public by making random videos in the name of vlogs and putting them on YouTube. On the other hand, YouTubers' practice of forcing sex workers to be interviewed, asking uncomfortable questions, explains their insensitivity. Sex workers have to put themselves at risk in their aim to make videos viral and earn money.
The criminalization of sex work
The surveillance and restriction brought about by the Digital Community Guidelines and various state laws is just as intense. According to legal theory, the proof of violence is determined by the fact whether there is consent or consent of both parties. However, laws such as Nepal's Electronic Transactions Act-2063, Criminal Code-2074, and Personal Privacy Act-2075 define violence and crime for every sexual activity on the Internet (all sexual conversations, exchange of sexual materials, distribution, etc.). It allows them to be brought to justice. Therefore, such laws criminalize consensual digital sex acts, sex workers and their clients as well. Their consent and mutual consent is not heard. As a result, their careers are ruined. It also undermines the ongoing campaign for the rights of sex workers. It is clear that such laws do not even envisage sexual expression, pleasure and consent on the Internet.
Privacy is a great power and tool for sex worker communities and activists in a society that criminalizes sex work. Being able to be present online or offline while keeping your true identity and information private is an important step for personal and professional security. The policy of revealing the real identity of users of social networks such as Facebook, X, and Instagram (real name policy) is very harmful from the point of view of the privacy of such sensitive communities. Based on this policy, sex workers' accounts are closed, posts are removed and documents are requested to reveal their real identity. Instead of imposing such policies in the name of security, it never works at the level of establishing violent mindset change and respect for all as prerequisites. Only control and monitoring are considered important.
Internet access is a safe place for sex workers and their clients, says activist Shobha Dangol. 'We contact sex workers and their clients through the Internet,' she says, 'we inform them about safe sex, sexually transmitted diseases and infections, and provide psychosocial counseling.' Various researches show that more people use the Internet to get information. However, they become victims of indiscriminate blocking of internet content in the name of 'content moderation'. By shutting down social media accounts and criminalizing sexual conversations on the Internet, they lose their support networks, safety mechanisms, and even campaigns. They lose a community to share about the challenges and risks sex workers face, both personally and professionally. The Internet is a place where people can learn, feel empowered, and feel safe. Again, women become the main victims of controlling and regulatory systems.
In 2018, Nepal banned the exchange and transmission of sexual content over the Internet. Did the 'porn site' completely shut down after that? Did violence against women, rape stop? Controls never reduce if you are to analyze it by rote. Therefore, it is foolish to say that closing porn sites will eliminate sexual and gender-based violence.
Sex workers' rights
Activist Abha says that if the existence of sexual acts is not accepted and sexual acts are criminalized, violence will increase in the society. As mentioned above, due to the complexity of the legal mechanism, even if there is online or offline violence against sex workers, they cannot seek legal treatment, instead they live with the violence. There are some examples of mental problems. In a workshop on the protection of sex workers, almost all the participants spoke with a common voice - even if violence happens to us, we cannot go to the police administration. Because, the police administration keeps them behind bars. They confuse by asking unnecessary questions.
The sex-hating memes, jokes and satires, reels, and the content presented in comedy shows that are frequently found on the Internet are also causing direct or indirect violence. Local and global debates have been going on for a long time to acknowledge the existence of sex work, to respect sex work, to protect the human rights of sex workers and to decriminalize sex work. But still the human view of sex has not evolved. Still, they have to remain victims of exclusion from family and society, violence, persecution from security mechanisms.
When talking about the end of gender and sexual violence, the issue of dignified profession and dignified life of the sex worker community should not be left out. Autonomy and freedom over the body and sexuality is one of the main goals of every movement against violence, oppression and slavery. That is why the debate of 'my body, my rights' continues. The decriminalization and dignified existence of sex work and sex workers contributes greatly to add an important brick in achieving this objective. Therefore, establishing sex work as dignified labor, ensuring the rights of sex workers as unconditional human rights and ending all violence, discrimination and slavery against the sex worker community should be a common issue of the entire social justice campaign.
Shanti Tiwari, an activist for the rights of sex workers, says that the Internet and technology still do not bring enough dialogue about the issue of sex workers. Today, most rights activists, states and stakeholders are busy preparing periodic reviews and reports on women's rights documents including the Beijing Declaration and Platform for Action (BPFA), the Convention on the Elimination of All Forms of Discrimination against Women (CED). Everyone is trying to protect their cases in these mechanisms,' she says.
There is no choice but to embrace the rights of the sex worker community at all levels of the social justice campaign. This inevitability and understanding should be felt by women, human rights and social justice campaigns and state structures as well. Sex workers say, "Sexual work is not criminalized, there is no violence if you can develop it in your opinion." If the digital literacy and security strategy development skills of the sex workers community can be increased, sex workers will not leave the internet platform because of violence.'
It is important to create a safe communication space online. To broaden our understanding, social, technical, legal and practical protections must also be ensured for the sex worker community. Also, the more openly one talks about sex beyond fear and shame, the more one's responsibility is talked about, the more one can respect others. Increases individual and institutional accountability for violence against communities. "Learning consent, privacy, respect and safe internet behavior right from the beginning is beneficial for everyone, not just the sex worker community, its clients," says activist Abha.
The 16-day global campaign against gender-based violence has just ended. During the campaign, various organizations, stakeholders and people who love justice expressed their commitment and solidarity on social media. In particular, the digital platform we have envisioned should be a safe place for every person in the society to continue such campaigns, practice self-expression and live as they are. The unlimited opportunities and progressive potential of the Internet must remain accessible to all. The Internet and technology experience should be safe for the marginalized community - sex workers. Because these places are the common ground of all individuals, communities and concerns. Therefore, the Internet is an even greater opportunity for communities trapped in marginalized and unbalanced power structures to raise their case.
– is an outside lawyer.
