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Mapping Study on Cyberviolence (Draft)

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Mapping Study on Cyberviolence (Draft) Version 15 June 2018 T-CY(2017)10 Strasbourg, France Cybercrime Convention Committee (T-CY) Working Group on cyberbullying and other forms of online violence, especially against women and children (CBG) Mapping study on cyberviolence (Draft) prepared by the CBG for consideration by the T-CY at its 19th Plenary (9 July 2018) Note: Parties and observers are invited to send further comments, if any, by 29 June. It is suggested that the T-CY take note of the study and consider adoption of the recommendations (section 4.2) and follow up (section 4.3). www.coe.int/cybercrime T-CY mapping study on cyberviolence Contents 1 Introduction ............................................................................................................ 4 2 Mapping the phenomena .......................................................................................... 5 2.1 Overview of cyberviolence .................................................................................................. 5 2.1.1 Defining cyberviolence ................................................................................................ 5 2.1.2 Types of cyberviolence ............................................................................................... 6 2.2 Statistics ........................................................................................................................ 14 2.2.1 Data on cyberviolence against children ....................................................................... 14 2.2.2 Data on cyberviolence against women ........................................................................ 16 2.3 Challenges to the investigation and prosecution of cyberviolence ........................................... 18 2.4 Cyberviolence against women and children as addressed by Istanbul and Lanzarote Conventions ..................................................................................................................................... 20 2.4.1 “Lanzarote” Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS 201) ............................................................................................................... 20 2.4.2 Istanbul Convention on violence against women and domestic violence (CETS 210) ......... 23 2.5 Review of other national and international responses ........................................................... 24 2.5.1 Prevention .............................................................................................................. 25 2.5.2 Protection ............................................................................................................... 28 2.5.3 Prosecution ............................................................................................................. 30 2.5.4 Criminalisation of cyberviolence ................................................................................. 31 3 Cyberviolence against women and children: the role of the Budapest Convention ... 35 3.1 Substantive law ............................................................................................................... 35 3.1.1 Articles with a more-direct connection to cyberviolence ................................................ 35 3.1.2 Articles with a facilitating connection to cyberviolence .................................................. 35 3.2 Procedural law ................................................................................................................. 36 3.3 International cooperation .................................................................................................. 36 3.3.1 Preservation ............................................................................................................ 37 3.3.2 General cooperation principles ................................................................................... 37 3.3.3 Mutual assistance in accessing of stored data .............................................................. 37 3.3.4 Mutual assistance in the real-time collection of traffic data and mutual assistance in the interception of content data .................................................................................................. 37 3.4 The question of a Guidance Note ....................................................................................... 38 4 Findings and recommendations .............................................................................. 38 4.1 Findings (gaps and issues) ................................................................................................ 38 4.1.1 On the concept of cyberviolence ................................................................................ 38 4.1.2 Cyberviolence: Scope, impact and issues .................................................................... 38 4.1.3 National and international responses to cyberviolence .................................................. 39 4.1.4 Types of cyberviolence addressed or not addressed in international agreements .............. 40 4.1.5 Role of the Budapest Convention ............................................................................... 41 4.2 Recommendations ........................................................................................................... 41 4.3 Follow up ........................................................................................................................ 42 5 Appendix ............................................................................................................... 43 5.1 References/sources/bibliography ....................................................................................... 43 5.2 Websites ......................................................................................................................... 48 5.3 Links to references provided by Parties and Observers ......................................................... 48 5.3.1 Austria ................................................................................................................... 48 5.3.2 France .................................................................................................................... 48 5.3.3 Italy ....................................................................................................................... 48 5.3.4 Mauritius ................................................................................................................ 48 5.3.5 Norway ................................................................................................................... 49 5.4 Relevant international instruments ..................................................................................... 49 5.4.1 Binding instruments ................................................................................................. 49 2 T-CY mapping study on cyberviolence 5.4.2 Soft law/non-binding instruments .............................................................................. 50 5.5 Examples of domestic legislation and policies on cyberviolence .............................................. 53 5.5.1 Andorra .................................................................................................................. 53 5.5.2 Austria ................................................................................................................... 55 5.5.3 Canada ................................................................................................................... 56 5.5.4 Chile ...................................................................................................................... 57 5.5.5 Czech Republic ........................................................................................................ 58 5.5.6 Estonia ................................................................................................................... 63 5.5.7 France .................................................................................................................... 64 5.5.8 Finland ................................................................................................................... 69 5.5.9 Germany................................................................................................................. 70 5.5.10 Israel ..................................................................................................................... 72 5.5.11 Italy ....................................................................................................................... 73 5.5.12 Japan ..................................................................................................................... 75 5.5.13 Liechtenstein ........................................................................................................... 77 5.5.14 Mauritius ................................................................................................................ 82 5.5.15 Mexico .................................................................................................................... 82 5.5.16 Moldova .................................................................................................................. 85 5.5.17 Norway ................................................................................................................... 85 5.5.18 Slovakia.................................................................................................................. 88 5.5.19 Spain ....................................................................................................................
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