New article on EU law and image-based sexual abuse
Carlotta Rigotti co-authors a new publication on EU law and image-based sexual abuse in the German Law Journal.
Carlotta Rigotti, postdoc researcher at eLaw, alongside Professor Clare McGlynn (Durham University) and Franziska Benning (HateAid), has published a new article on the regulation of image-based sexual abuse (IBSA) in the European Union in the German Law Journal. The article, which is open access, can be accessed on the website of Cambridge University Press.
Abstract
In May 2024, the European Union adopted the Directive on violence against women and domestic violence, marking the first EU-wide binding legislation to address various forms of sexualized and gendered harm. This Article provides the first comprehensive analysis of the Directive’s provisions on image-based sexual abuse (IBSA), encompassing the non-consensual taking, creating, and sharing of intimate materials, as well as threats to distribute them. While acknowledging the aim to harmonize legislation at the Union level, the Article identifies a range of limitations and the failure to fully reflect the diverse experiences of victims. Additionally, the Article evaluates the complementary roles in combating IBSA of the Digital Services Act and the AI Act which impose obligations on online platforms, search engines, and AI developers. Overall, the current EU framework represents a promising but partial approach. If the EU is to comprehensively address IBSA and safeguard victims’ rights, implementation beyond the minimum will be required together with proactive, effective regulation.