Criminal Protection of Women Against Cyber-Violence

A Comparative Analytical Study

Abstract

This study investigates the criminal protection of women against the phenomenon of cyber-violence—a contemporary issue arising from technological advancements that poses a grave threat to women’s integrity and their psychological and social well-being. The research problem revolves around a fundamental question regarding the adequacy and effectiveness of existing criminal laws, specifically the Libyan legislation, in providing equitable protection for women against gender-based digital assaults. The study adopts an analytical methodology regarding the provisions of the Libyan Cybercrime Law (Law No. 5 of 2022), and a comparative methodology by benchmarking it against international conventions and regional legislations in Egypt, Tunisia, and the UAE.
The study concludes with several findings, most notably the existence of legislative shortcomings in current Libyan law, as it lacks a precise definition of gender-based cyber-violence and fails to explicitly criminalize vital forms such as cyberbullying and online harassment directed at women. Furthermore, the study highlights procedural challenges related to the difficulty of digital forensics (or digital evidence) and the reluctance of victims to report due to social stigma. The study concludes with a set of recommendations, primarily the necessity of amending Law No. 5 of 2022 to aggravate penalties for hate and discrimination-based crimes, and the activation of specialized police and judicial units that operate within a human rights-based framework when dealing with victims of digital violence.