When Justice Backfires: Criminalization, Gender and Human Rights in the Digital Era
Introduction We've seen it over and over—feminist and human rights movements, often unintentionally, turn to criminalization in the pursuit of justice and rights protection. Yet punitive approaches can backfire, harming the very communities they aim to support. Laws around digital technologies are no exception—often wielded as tools of control, censorship, and surveillance, they shape and restrict rights in ways that both reinforce and reshape power inequalities.
This paper examines two case studies—Malaysia and Sri Lanka—where legal crackdowns, framed as protecting social order, have instead deepened harm and failed to address underlying injustices. Our analysis highlights how criminalization is often weaponized against marginalized communities, including in the digital realm, where governments use laws to suppress dissent and control expression.
By sharing these case studies, we hope to encourage critical reflection among feminist, human rights and digital rights practitioners—across disciplines and regions—on the unintended consequences of punitive approaches and the need to build more just, collaborative strategies for just futures.