Section 2: The current context for this Inquiry
The #MeToo movement has seen victims
of sexual harassment, especially women,
turning to social media to raise allegations,
share their experiences and find solidarity
with other victims of sexual harassment.
The hashtag is used regularly in more than
85 countries.94
The impact of the #MeToo movement
reinforces the power of digital platforms
as a means for victims to raise awareness
about sexual harassment and gendered
violence:
In a sense, these emerging forms
of cyber justice are really forms of
collective justice. Victim-survivors are
empowered to share their experiences
and to be heard—at the same time as
society more broadly is challenged to
listen and to take action to stop sexual
violence.95
Social media can be a means for victims
to regain or retain agency over their story
and recovery.96 It can also provide victims
a voice they would not have in non-digital
contexts.97
However, victims of sexual harassment
face both benefits and risks when they
share their experiences online. For
many victims, social media is a last
resort. eSafety told the Commission
that employer responses which focus
on protecting the reputational brand of
the company, rather than protecting and
promoting the wellbeing of employees
online, can drive victims to use social
media.98 WHISE argued that the internet:
80
… can both empower [women] by
giving them a space to speak out in
way[s] that they may not be able to
in the nondigital world, but it can also
constrain them as sexist gendered
norms are perpetuated online in the
same way they are offline.99
Victorian Women Lawyers argued that
while social media is a powerful medium
for victims, ‘traditional forms of justice
must remain viable and accessible to
ensure fairness for the victim, perpetrator
and employer alike.’100
(c) Balancing transparency with other
considerations
It is not only victims who can be harmed
by media reporting or the use of social
media to raise allegations of sexual
harassment. There can be significant
career, financial and psychological
impacts on alleged harassers and costs to
organisations.
Where allegations have been raised
through social media, the lack of any
formal process for testing these or natural
justice can cause damage to all parties.
eSafety, which has a number of programs
and initiatives designed to protect and
promote women’s voices online, argued
that a victim’s agency and recovery need
to be prioritised in conjunction with
principles of due process and natural
justice to the alleged harasser.101
The Commission agrees that it is
important to balance the rights of victims
and alleged harassers and uphold the law.