Abstract
The rise of digital technologies in South Africa has significantly reshaped how we interact with one another while simultaneously being matched by an increase in online gender-based violence(OGBV), which manifest itself in several forms, including, amongst others, cyberstalking, non-consensual sharing of intimate images, doxing, and online harassment. These acts, while occurring online, cause real psychological, emotional, and financial harm, and often silence the voices of women, girls, and even members of the LGBTQ+ community. Distinguishing itself from previous literature, this research offers an original and comprehensive critical analysis of the sufficiency of South Africa’s legal framework in addressing online gender-based violence. Specifically, it evaluates whether existing laws, focusing mainly on the Cybercrimes Act 19 of 2020 and its relation to other relevant legislation, are effectively tailored to the contemporary realities and unique harms arising from digital spaces. Furthermore, the research will examine how the South African legal framework dealing with online gender-based violence aims to hold offenders accountable. It highlights key strengths, such as the recognition of new digital offences, but also identifies several gaps, like unclear definitions around emerging threats such as AI deepfakes, difficulties in identifying anonymous perpetrators, and the high burden placed on prosecutors. The research explores enforcement challenges, including problems in collecting digital evidence, cross-border jurisdictional issues, and the limited capacity of law enforcement. Additional attention is given to how the Protection from Harassment Act 17 of 2011and the 2021 GBV Amendment Acts [Criminal and Related Matters Amendment Act 12 of 2021; Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act 13 of 2021; and the Domestic Violence Amendment Act 14 of 2021] contribute to the legal landscape. While recent reforms mark important progress, the research finds that the law alone is not enough to address the problem. Deep-rooted patriarchal attitudes and weak implementation of existing laws and regulations still limit the law’s impact in dealing with online gender-based violence. The research concludes by calling for a holistic approach, combining stronger laws, adequate training for roleplayers, increased platform accountability, and national awareness campaigns to promote digital safety and equality.