Towards a legal qualification of digital intimidation against environmental defenders: navigating core components and characteristics

Abstract

ABSTRACT Digital technologies are becoming increasingly important for environmental defenders. Such technologies offer them possibilities to speak out and/or take action, but also increase the (digital) risks they face as a result of their (online) involvement. Recently, significant concerns have been raised about the use of various forms of online and technology-facilitated forms of harassment or ‘digital intimidation’ against environmental defenders. This raises the question of whether environmental defenders are adequately protected by the current legal framework. To assess this, it is essential to first understand the phenomenon of digital intimidation. This paper therefore aims to identify the ‘core’ components and characteristics relevant to digital intimidation to enable further legal qualification and analysis. As such, we propose a digital intimidation navigation tool that can facilitate a more sophisticated understanding of the different tactics used, as well as a fine-grained analysis of the existing legal framework.