Social Media and the Right to Privacy and Dignity for Rape Survivors. Exploring the critical issue of violation of right to privacy and dignity of rape survivors on social media platforms pushed me to go through various national and international publications on this subject. Delving into the notable works, “The Right to Privacy” by Samuel D. Warren and Louis D. Brandeis1, and “Privacy and social media” by Ashley Nicole2 , provided me practical insight in this domain and enabled me to critically evaluate the well known research, “Social Media Users’ Legal Consciousness about Privacy” by K. Sarikakis3. In my opinion, the best legal resolution of this issue lies in incorporating special provisions protecting the identity, privacy and dignity of rape survivors on the basis of the doctrine of differential treatment rather than leaving social media unbridled as suggested by K. Sarikakis4 in his work.

Right to Privacy and Dignity

Right to information and right to privacy and dignity are closely related fundamental rights that often find themselves in conflict. While social media provides a platform to people to exercise their right to information, it also put right to privacy and dignity at risk in various aspects by making accessible the personal data of others, especially rape victims. Disclosing the identity of rape survivors causes irreparable harm as it invades the personal privacy of the victim, exposing her to a variety of social and psychological problems. Pakistan is currently facing this emerging issue with all its complexities. At least 11 rape incidents are reported daily, which are circulated on social media platforms with in no time. Out of the 94% of social media users, 40% are estimated to come across rape-related videos, out of whom at least 22% share these posts on different social media platforms, depending on the gravity of the offence which speaks volume about the widespread circulation of these news. This reporting of rape cases in a dramatic manner results in disgraceful portrayal of the victims8 which blatantly violates their right to dignity. Although some critics propose that hiding the identity of victim is against the principle of equality and increases the stigma attached to rape10, this very stigma and its adverse impacts, justifies special and equitable treatment of rape survivors. In my opinion, in the competing interests of victim’s right of personal privacy and Press’s fundamental right to publish what is news-worthy, the former should be given preference as the rape victim’s right to live free from humiliating publications of her name is a fundamental, inalienable and absolute right.

Section 8 (6) of the Media Code

Pakistan’s existing legal regime tackling this issue is vague, incomplete and flawed. While section 376A PPC and Section 8 (6) of the Media Code prohibits the publication of the identity of the rape victim without her consent, social media channels in Pakistan are still unregulated. Similarly, Courts have also overlooked the existence of this issue on social media, despite acknowledging its gravity. Although Supreme court recently held the reporting of sexual history of a rape survivor in a case as a breach of right to dignity ,and barred the courts from insulting expressions, like “habituated to sex”, “woman of easy virtue”, and “non-virgin” in a court proceeding, it has left unnoticed its rampant violation on social media. It is estimated that more than 90 percent of the reporting on the mainstream and social media, containing sensational words and images of the victim and her family members, in the Kasur rape case was in violation of PEMRA laws and Juvenile related laws. Likewise, victim blaming was massively observed in Noor Muqaddam case because the survivor was related to the accused through live-in
relationships.

Also Read: Why Pakistan needs to regulate Social Media?

Article 25(3) of Constitution

Seeking a legal solution to this problem, I intend to develop a theoretical framework of the doctrine of differential treatment, taking into account the international jurisprudence evolved on this subject. For tackling this menace, various reforms in the procedural and substantive laws should be introduced. Firstly, in a patriarchal society like Pakistan, where the offence of rape is stigmatized and the crime of rape is viewed in the context of sexual profile of the survivor18, social media laws providing special protection to the identity of the rape survivors should be introduced which is also warranted under Article 25(3) of constitution that provides for the special provisions for women and children. Moreover, a strong constitutional regime mandating media responsibility of social media websites should be introduced in order to strike a balance between citizens’ right to privacy and the press’ right to information and to nip this evil in the bud.