The need for protection of environmental defenders from digital intimidation: an analysis of Article 3(8) of the Aarhus Convention

Abstract

Digital technologies are becoming increasingly important to environmental defenders, both in terms of tools that facilitate speaking out and/or taking action, and in terms of (digital) risks they face as a result of their involvement. A growing concern has been expressed about the use of various forms of online and technology-facilitated intimidation or “digital intimidation” against environmental defenders. While the existing research on cyberbullying, digital violence and online intimidation can provide some insight, few studies and data exist on the use of such tactics against environmental defenders in particular. By leaving this issue unexamined, there remains a lack of awareness about the risks and challenges environmental defenders may face in terms of online safety and digital intimidation, which may ultimately curtail public debate on environmental issues. Fortunately, the protections under Article 3(8) of the Aarhus Convention and the recently introduced Special Rapporteur for Environmental Defenders can be useful in providing protection against digital intimidation. This paper, therefore, looks at the application of Article 3(8) to digital intimidation, through the decisions of the Aarhus Convention Compliance Committee, and also considers the mandate given to the Special Rapporteur at the 2020 Meeting of the Parties. The analysis shows that there is certainly potential for protection against digital intimidation under Article 3(8) AC, but more explicit attention and awareness may be needed.

Keywords

• Environmental defenders
• Aarhus Convention
• Digital harassment