Governing Image-Based Sexual Abuse: Digital Platform Policies, Tools, and Practices

The nonconsensual taking or sharing of nude or sexual images, also known as “image-based sexual abuse,” is a major social and legal problem in the digital age. In this chapter, we examine the problem of image-based sexual abuse in the context of digital platform governance. Specifically, we focus on two key governance issues: first, the governance of platforms, including the regulatory frameworks that apply to technology companies; and second, the governance by platforms, focusing on their policies, tools, and practices for responding to image-based sexual abuse. After analyzing the policies and practices of a range of digital platforms, we identify four overarching shortcomings: (1) inconsistent, reductionist, and ambiguous language; (2) a stark gap between the policy and practice of content regulation, including transparency deficits; (3) imperfect technology for detecting abuse; and (4) the responsibilization of users to report and prevent abuse. Drawing on a model of corporate social responsibility (CSR), we argue that until platforms better address these problems, they risk failing victim-survivors of image-based sexual abuse and are implicated in the perpetration of such abuse. We conclude by calling for reasonable and proportionate state-based regulation that can help to better align governance by platforms with CSR-initiatives.