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The Lebanese Electronic Transactions and Personal Data Law (also known as Law 81/2018) was issued on October 10, 2018 , as a unique
law in Lebanese legislation aimed at addressing cyber-legal matters from civil, commercial, and penal terms.
In February 2024, the Samir Kassir Foundation (SKF), in collaboration with SEEDS for Legal Initiatives organization, published a report
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titled "Towards a Modern Personal Data Protection Law in Lebanon". The report emphasizes the necessity of adopting fundamental
amendments regarding the protection of privacy and personal data.
It also describes the current law as outdated, with ineffective provisions for data protection in the present time. Furthermore, it argues
that the law is not comprehensive, does not fully consider the principle of "individual autonomy," and does not require the data subject's
consent for the processing of their data. The report also mentions that compliance with the law is very limited and that it is violated by
political forces and figures during various times, such as election campaigns. A detailed analysis of data protection frameworks is of
paramount importance in the context of digital violence, particularly gender-based violence. Data protection contributes to safeguarding
victims by preventing the sharing of their sensitive information that could be used to harm them, especially women and girls who are
more vulnerable to online violence, as well as marginalized and vulnerable individuals. These frameworks also provide a pathway for
holding perpetrators accountable, particularly in cases of gender-based violence such as harassment and stalking. Furthermore, these
mechanisms contribute to building trust and encouraging victims and whistleblowers to report and seek support.
Combating Digital Violence:
Gender Mainstreaming and Intersectionality
In this context, we see, and after reviewing reports and laws, that updating and revising the law, based on the concept of Gender
Mainstreaming and Intersectionality policies, a national responsibility. It contributes effectively to addressing online violence,
particularly gender-based violence. Understanding digital violence and its roots is essential to addressing its causes, as is understanding
technological and informational development and linking the two concepts is essential for lawmakers. Cyberviolence is rooted in cultural
legacies that have long existed outside of the digital world, only to be transmitted into it and contribute to the reinforcement of
discrimination and abuse of power as a surplus of power that allows the reality of domination to be extended online. One of the main
causes of online violence may be the unregulated transfer of social norms that justify aggressive behavior from the real world to the
digital space.
A lack of awareness of digital safety may exacerbate the spread of these behaviors, as victims may be reluctant to talk about harmful
experiences or not know how to seek help. We also face a lack of legislation, a lack of keeping up with the rapid technological
development, and a lack of expertise in this field. Working on media and information literacy (MIL) is an essential framework for
developing policies and projects in this situation. By enhancing critical thinking skills, encouraging responsible digital citizenship,
and creating inclusive spaces to create an intersectional digital environment with a protective, safer, and more respectful approach
for all, MIL is integrated into national programs in the public and private sectors. Accordingly, it is necessary to create laws that protect
against digital violence. It should be a legal framework that is intersectional, inclusive, and based on human rights and freedoms,
including:
Anti-Cyberbullying Laws: These encompass harassment and bullying across digital platforms, extending to all forms of digital violence.
They should also protect whistleblowers of these crimes, provided the primary goal is the public interest. They also protect the victim
from retaliation or revenge if they file a complaint.
Data Protection and Privacy Laws: Including addressing privacy violations such as sharing photos or personal data without permission.
Hate Speech and Incitement Laws: Anything that results in digital violence, such as content that
incites violence or hatred against individuals based on their personal characteristics like race, gender, sexual
orientation, or other characteristics. Given the rapid spread of such content, clear legal definitions and enforcement
mechanisms are necessary. Such speech spreads rapidly in the digital environment.
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Hania Mohammad Ali Fakih. Protecting the Right to Information Privacy: An Analytical Study of the Current Protection Landscape and
Contemporary Challenges". Electronic link: http://77.42.251.205/ViewResearchPage.aspx?id=57&language=ar
28 http://legiliban.ul.edu.lb/Law.aspx?lawId=278573&language=ar
29 https://www.skeyesmedia.org/documents/bo_filemanager/Data-Protection-Report_AR.pdf
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