Abstract
The article investigates the tensions between feminist conceptualizations of sexual violence and the persistence of patriarchal discourses that challenge it resulting in a justification of violence and misogynistic representations in a Uruguayan TV program. We argue that the return of conservative discourses that question sexual harassment accusations, reinstate gender differences, and gender inequality by installing a new normativity and naturalization of violence against women. Through the analysis of representations, evaluations, and discourse strategies deployed in two episodes of a high rating debate TV show centered on sexual violence, we show the victims are not recognized as such. There is a recontextualization of the sexual violence situation by which participants in the TV show challenge the policies and practices that have been recently established to prevent and sanction sexual violence. The findings evidence certain cultural transformations in the threshold of moral sensibility that define what is acceptable or not and make visible a patriarchal backlash.
Keywords
In recent years, advances in human rights and gender equality that have been achieved through the struggle of social groups, such as the feminist movement, have encountered resistance and efforts to reinstate the status quo. The global #MeToo activism against sexual and gender-based violence and the Green Wave of abortion rights movements in Latin America have been followed by a backlash. This negative reaction blames feminism and the women’s struggle for equality as the culprits for violence against women. What role does media play in promoting these ideas about women?
Sexism and gender stereotypes are maintained in the representations of women in the media through time and geographic space (Global Media Monitoring Project, 2020). The media have the potential to contribute to reproducing gender inequities by continuing to present stereotyped representations of women and heteronormative sex-gender identities (Lemish and Götz, 2017).
The most frequent themes and contents associated with women in the media tend to be related to daily life, education, and care. In addition, the issue of violence against women continues to grow as a topic in media coverage. In this paper, we examine how gender violence is represented in a TV program in Uruguay in a 2-year period to explore the changes and continuities in discursive constructions of sexual harassment and the enactment of power differences through legitimation discursive practices that reproduce power imbalances based on gender identities.
Informed by a feminist critical discourse perspective (e.g. Lazar, Pérez, Caldas-Coulthard, Wodak, Cameron), the article investigates the tensions between feminist conceptualizations of sexual and gender-based violence and the persistence of patriarchal discourses that challenge it and justify violence and misogynistic representations. We argue that the return of conservative discourses that question sexual harassment accusations, validate gender differences, and gender-based inequality. This conservative discourse installs a new normativity and naturalization of violence against women.
In the following sections, we review literature on theorizations and analysis of sexual violence, media representations of gender-based violence, and contextualize sexual violence and media production on gender representations in Uruguay. Next, we provide an explanation of the methodology and present the findings to show how backlash materializes in two TV shows focusing on sexual violence shown on a high rating Uruguayan TV debate genre program during a 2-year period. We end offering conclusions and reflections on how to critically engage media discourses to guarantee women and girls the right to live their lives free of violence.
The representation of sexual violence in media discourse
At this historical moment, public discourses on gender equality are accepted in Western societies (Cerqueira et al., 2016). However, media discourse reveals a contradiction, or ‘double entanglement’ (McRobbie, 2009), created by the co-existence of conservative values that reinforce traditional gender roles and the adoption of some of feminisms’ demands that promote equal opportunity (Jaworska and Krishnamurthy, 2012).
Studies on gender violence in Latin American media (Angélico et al., 2014; Ausserbauer, 2020) show the hegemonic frames that shape the public discourse on gender violence in this region. These frames rely on strategies of victim blaming that tend to make women responsible for the violence they have endured. As Bing and Lombardo (1997) showed, sexual harassment is framed defining different expectations and actions associated with harassers and the action of harassing. They identify four frames: judicial frame that defines behavior in legal policy terms promoting reactive strategies; the victim frame that emphasizes the consequences of the actions and injuries to the victim promoting social change; the initiator frame that defines the action as acceptable and does not promote change; and the social science frame organized around operational definitions of the behavior and promoting understanding. More recent studies (Telles Ribeiro and Cabral Basto, 2020) also encounter these frames in representations of sexual harassment and show that in most cases a cultural naturalization of violence is explained as typical of certain types of relationships and that accusers are not to be believed.
Prendergast and Quinn’s (2021) comparative study of discourse on sexual violence cases on print media and social media in Ireland and Spain shows that mainstream media take a stance contrary to ‘popular opinion’. Luqiu and Liao (2021) offer a complementary analysis of social media practices that use storytelling as a vehicle to denounce sexual harassment in China. It seems different media tend to adopt diverse stances toward sexual violence. In addition, the investigation of hate speech in social networks and the media show that it produces gendered social identities that demonize women who challenge gender stereotypes in the field of politics, penalizing them for their intervention as actors in the public sphere (Caldas-Coulthard, 2019; Pérez and Aymá, 2017).
These studies show the media having an important role in constructing public discourse that contributes to the public discussion of the topic. Identifying how the problem is constructed in media can help design actions and policies to address it.
Methodology and data
This paper reports on part of a larger longitudinal study on the representation of women on TV programs in Uruguay during March 8th from 2021 to 2022 (see reports on Observatorio de Medios del Uruguay 1 ). Here we explore three research questions: (1) How is sexual violence framed in Uruguayan TV programs? (2) What representations of gendered identities emerge from these media programs on sexual violence? and (3) What voices and arguments are legitimized in these TV programs about sexual violence?
To construct the corpus, we selected nationally produced programs of different informative genres to account for a diversity of representations of women that circulate on Uruguayan national television. We distinguished private from public media, considering how public policies can affect production that integrates the gender and human rights perspective. Within these criteria we selected the programs with the highest rating. For this discourse analysis we investigate in depth the case of a debate genre program on Uruguayan television, Esta boca es mía, where the topic of sexual violence was discussed for two consecutive years.
Television debates are a subgenre within the ‘talk show’ genre (Cebrián, 1998). According to Gutiérrez Lozano (2005), debates differ from colloquiums and gatherings, since they are not merely aimed at the exchange of ideas or at generating an atmosphere of camaraderie, but instead seek the confrontation of ideas and even personal confrontation in a logic of spectacle. The program was selected as a representative of an expression of the social discourse at a key moment since they were produced on March 8th in 2021 and 2022 during the commemoration of International Women’s Day.
Esta boca es mía is an afternoon TV debate program on Teledoce (a private channel). It is broadcast from Monday to Friday from 2:30 pm to 4:00 pm. The program is hosted by a woman, Victoria Rodríguez, and there are four panelists per program, who are fixed according to the day of the week. The integration of the panels seems to seek a certain balance of political positions, but not in other dimensions (e.g. gender or class). In some panels, there are more men than women and all panelists are middle or upper-middle class.
Feminist critical discourse analysis as a socio-semiotic approach to discourse studies looks at language use in three dimensions: as text, discursive practice, and social practice. From this perspective utterances are considered sites of conflict. Interactions reveal at the micro level how power relations enact sexist ideologies while representations constructed in those instances reveal ideas about social roles and gender hierarchies that circulate in a community. The hegemonic discourse in most contemporary societies continues to establish a social patriarchal hierarchy where masculine identities are superior. These power differences are reproduced, in part, through discursive practices that construct representations and identities within this worldview. These discourses manifest in part as implicit interpretive frames (Ehrlich, 1998; Goffman, 1974) that are taken for granted and serve to naturalize or challenge the status quo.
The focus of the analysis presented are discursive choices and patterns that contribute to the construction of interpretative frames for understanding gender violence. The textual analysis at the ideational level is a description of the lexical choices and collocations and transitivity patterns (Halliday and Matthiessen, 2004) that contribute to framing the problem. We also describe the interpersonal meanings constructed through lexical patterns (e.g. specialized vocabulary), pronouns, impersonalization. and modality that contribute to legitimation strategies (Martin and White, 2005; Van Leeuwen, 2007) deployed by participants in the scene. The center of our analysis is representation of the issue (i.e. sexual violence), legitimation strategies of participants (i.e. commentators, female/male), and representation of social actors involved in the case (i.e. accuser/accused; victim/perpetrator). Based on the description of choices that make up the interaction, we identify the framing of sexual harassment and violence that is constructed in the program using categories identified in previous studies (Aroustamian, 2020; Bing and Lombardo, 1997).
In this paper, we explore how the representations of sexual violence in a Uruguayan television program in two consecutive years (2021–2022) give us an idea of some of the ways in which we materially and ideally construct social relations based on sex-gender differences at this moment in time. By documenting what representations of this social problem circulate in the media, we hope to contribute to the understanding not only of how meaning is given to the experience of violence against women, but also what possible solutions or responses are imagined for gender-based violence. It is of interest how advancements in legislation protecting women’s rights are framed as if open to revision and curtailment pointing to a tension and backlash forces that aim to reinstate traditional values and norms.
Contextualization of the case: Sexual violence on a Uruguayan TV program
Uruguay is a Latin American country where femicide and gender violence constitute a politically and academically recognized social problem. In 2019, the government declared a national emergency to address gendered-based violence. 2 According to the National Directorate for Gender Policies of the Ministry of the Interior, between January and October 2022 there were 33,350 complaints of domestic violence, almost 2000 more than in 2021, when there had been 31,801(El Observador, 2022). Sexual harassment in Uruguay also affects women’s everyday lives. Seventy seven percent of the women over 15 reports having experienced some sort of sexual violence in public spaces at one point in their lives (UN Uruguay, 2023). Uruguay also has one of the highest femicide rates in the region (CEPAL, 2022).
The law in Uruguay defines gender violence as ‘any conduct, action or omission, in the public or private sphere that, based on an unequal power relationship based on gender, has the purpose or result of impairing or nullifying the recognition, enjoyment or exercise of women’s human rights or fundamental freedoms’ (Law 19.580). There is also a particular definition of sexual harassment law for work and educational contexts that spells out this type of violence more precisely as ‘any behavior of sexual nature, carried out by a person of the same or different sex, unwanted by the person to whom it is being directed at, and whose refusal causes or threatens to cause harm to their employment situation or their teaching relationship, or that creates an intimidating, hostile, or humiliating work environment for the recipient’ (Law 18.561). Within this normative context, legal and cultural interpretations and practices show different ways of reading and using the law. These differences in interpretation have produced local social responses like the MeToo movement by which groups of women publicly accuse perpetrators in social media (see e.g. the accounts Varones Carnaval or Varones Uruguay on Instagram).
This study is part of an extended research project on gender representations in Uruguayan media conducted by the authors with a corpus of data collected between 2021 and 2022. In this database, we have found that the coverage of the topic of gender violence on Uruguayan TV programs on March 8th 2021 and 2022 focused on individual cases mostly and not on structural analysis of the problem. We have observed that media discourse on sexual violence in TV programs during the period studied (2021–2022) is characterized by: crime reports in news programs, and debates about controversies surrounding women’s demands. In representations of crimes against women, we found that women appear as passive actors while men are portrayed as active, except when they are charged for the crime. There are discourse strategies that impersonalize and make invisible the perpetrators representing the crime and portray the crime as something that occurs to the woman or that is the product of a situation (e.g. ‘situations that occur’, see Achugar et al., in press). The stereotypes used portray the perpetrator in a favorable manner and show skepticism toward victims’ testimony. Cases that include celebrities or well-known public figures have more circulation and intertextual references in public discourse.
In this paper, we look more in depth at the program, Esta boca es mía, which had episodes in 2021 and 2022 that centered on sexual violence. The episode of 2021 had a segment about a femicide that occurred on the eve of the International Women’s Day celebration. In 2022, the program had a segment focusing on the accusation against a politician and on the first court ruling on a case of transfemicide in the country.
Findings
In this section, we present some examples that illustrate patterns we found in the ways sexual violence is framed, how incidents are represented, and whose voices are legitimized in the construction of these discourse about sexual violence. In addition, we look at the arguments used to legitimize the revision of the law that defines gender-based violence as a particular type of crime that requires different procedures and punishment.
Esta boca es mía 2021
In the March 8th, 2021, show of the TV program, the host introduces the news of two femicides that occurred the day before the commemoration of International Women’s Day. She uses the term ‘femicidio’ [femicide] and presents this incident as part of a series of events that produce a negative emotional effect that goes against what is expected for the celebratory day. The examples are marked to highlight the aspects mentioned in the analysis: bold is used to signal representations, underlining marks interpersonal aspects and italics show the discursive strategies.
1) Victoria Rodríguez (host): “No podemos evitar decir con
Victoria Rodríguez (Host): We cannot help but say with sadness that it is an 8M that has as a prelude a new femicide. There are two in a row, one that was an attempt as the case in Melo –the woman is still very serious in the ICU–, and the one in Sauce, which ended with a death and suicide, with her death, the murder, and the suicide.”
In this example, we can highlight how there is a construction of the event as part of a series (‘there are two in a row’), and that it is widespread in the country since several locations are mentioned (‘Melo’ and ‘Sauce’). On the other hand, it is important to note that the representation of the event uses several terms as elaborations of the meaning of ‘femicide’ that assume different roles and distributions of responsibility in terms of how the event is constructed. The phrase ‘her death’ presupposes the female victim as the experiencer, but with no attribution of responsibility or causal explanation for the loss of life. The following term used is ‘the murder’ which presupposes a perpetrator and victim. The third term used in the series is ‘the suicide’ which is another type of death in which responsibility for violence is attributed to the same victim who is simultaneously the perpetrator. The use of the word ‘suicide’ without naming the referent makes it hard to distinguish responsibilities. These uses of the terms without explicit marking of responsibilities and roles do not provide an elaboration to understand what the defining features of femicide is in relation to these other ways of dying (i.e. death, murder, and suicide). The choice of a series of these consecutive three main nouns has a negative evaluative effect. The effect is intensified by the interplay of negative emotions associated to the event (‘tristeza’ [sadness]) and the negative moral sanction that these three nouns have in Western culture (death, murder, and suicide).
The framing offered by the panel and the guests provides some variation in this negative framing of femicide as a type of event that taints the celebration of women’s achievements and struggles on March 8th. These voices bring in other tropes and arguments besides emotions to make sense of the femicide’s social meaning. For example, by comparing the panelists’ word choice to represent the event, we can see a variation in terms of their orientation to the social problem. This difference is expressed through diverse ways of representing participants, explaining the causes of the problem, and constructing arguments appealing to different sources of authority.
For instance, Andrea Tuana, a guest who is a Women’s Rights NGO activist, uses the term ‘femicide’. She does not employ it only as a quasi-synonym as the host does (see example 1), because this word is accompanied by an explanation of the meaning of the term.
2) Andrea Tuana (guest): “Creo que
Andrea Tuana (guest): “I believe that femicides are the most extreme expression of that inequality that you described. . . that inequality that has to do with a social structure, a social order that is oppressive, that generates a lot of subjugation for women, and that is where we have to start working.”
The guest speaker foregrounds the difference in power as an inequality in the structural organization of society that generates a subordinate place for women. In fact, the explanation the guest offers elaborates on the meaning of the term ‘femicide’ by providing a gradual logical argument to connect the death of a woman because of her gender as a social expression of unequal power. So, there is a circularity in this explanation which resorts to a description of a difference in power that is also expressed in the difference in implied roles in the violence: victim versus perpetrator. The reason that explains why there is that difference is not presented. So, the guest offers in her turn more elaboration on the causes of the violence than that offered by the host’s rephrasing.
As a matter of fact, during her turn the guest she expands on this comment and provides some concrete ideas of cultural changes that everyone in the community can work on to provide solutions to gender-based violence. For example,
3) “tenemos que empezar a trabajar desde que los niños son pequeños. Tenemos que ver qué tipo de juguetes les estamos regalando” [“we have to start working from the time the children are small. We have to see what kind of toys we are giving them.”]. (minute 1:51)
Then, she mentions the responsibility of the State to provide policies that promote these cultural changes and put them into practice at the national level. Again, the logical relation between being aware of what toys we give children (i.e. gender socialization) to the State’s policies designed to prevent femicide is not clearly elaborated. As a result, there is a repetition of stereotypes about gender differences and power differences and a leveling of familiar and State responsibilities when addressing the cultural problem that produces femicides.
The next turn is taken by the host, who brings up the topic of changing society through legislation or via micro actions at the personal level. She poses a question ‘What will have more strength?’ and then provides an answer that states it is not relevant to have that debate because both levels are equally important. The person contradicts herself.
The NGO’s activist responds by marking a difference by recognizing the importance of the law to promote cultural changes needed to change the violent situation.
4) Andrea Tuana (guest): “un poco las leyes nos empujan, nos dan ese marco para que por ejemplo el Poder Ejecutivo tenga que implementar lo que las leyes están proponiendo, y eso de alguna manera
Andrea Tuana (guest): “The laws push us a little, they give us that framework so that, for example, the Executive Branch has to implement what the laws are proposing, and that, in some way, makes the transformation dynamic. If today we were really implementing Law 19.580, which was approved three years ago, I think we would have at least a different perspective.”
The panelist connects in her argument the Law 19.580 with the way of seeing or interpreting violence against women. That Law states in article 3 that in case of conflict or doubt about the application of the provisions set forth in the norm, the interpretation most favorable to women, in situations of gender-based violence, shall prevail. The law also requires the creation of specialized courts with judges that are specially trained to treat this problem. The problem is the law is not implemented, ‘si nosotros hoy estuviésemos realmente implementando la ley’ [‘if we were actually implementing the law today’]. Here there is a choice of wording that represents responsibility as a shared process. The use of ‘we’ and the subjunctive to represent a hypothetical scenario to foreground the collective responsibility and the nonfactual nature of the law. This type of argument creates a space to focus on the social aspects by overcoming simple frames that present gender-based violence as a binary opposition of men against women.
The following speaker is a male panelist, José Sena, who distinguishes different types of masculine identities to explain the causes of violence against women and the slow nature of cultural changes in this domain. He uses different phrases to construct a taxonomy that distinguishes men in relation to diverse explanations for their violence. On the one hand, there is an ‘hombre machista’ [macho man] which he equates to a ‘hombre inseguro’ [insecure man] or ‘con poca autoestima’ [with low self -esteem] that is different from men like himself who feel secure ‘hombres que nos sentimos seguros’ [us men who feel secure]. These various male identities are distinguished by their use of violence. These male identities coexist and represent tensions in how society constructs gender roles. These gender identities are not only self-ascribed but are also revealed in values women uphold which deposit power on men.
The other male panelist, Pablo Casas, who replies that the term ‘machista’ [macho] is archaic. In example 5, the speaker elaborates on the explanation for this type of violence.
5) Pablo Casas (panelist): “Se tiene que dar ese
Pablo Casas (panelist): “There has to be a cultural change, to be sincere and to get rid of the hypocrisy that we Uruguayans are afraid of inside. And because yes, and because you are not going to hear anyone today speak badly of women publicly, but in the internal circles you circulate the jokes, and this or that, and that always happens. It is true. We have to stop being hypocrites and think that the solution has to come from within ourselves. They say “well, if we create rules, is it enough? No, it is not enough. Last year there were twelve or thirteen femicides and twenty-odd attempts, what nonsense. This year there are four, yesterday there was one attempt. Does the law help? Yes, but it is not enough. Does the Judiciary help? Somewhat, it does what it can, but it is not enough. But with that we are not going to solve the problem we have in our patriarchal society, because it is a patriarchal society, that’s what it is.”
The example highlights the fact that the problem is framed as a social issue, as well as an individual issue without gender differentiation in terms of responsibility or power differences. There is a tension between the victim frame, which presents the problem as a moral issue: hypocrisy; and the social science frame, which constructs the social structure as offering the possibility and evidence of transformation and evolution.
However, these frames make invisible differences in power in terms of responsibility, by presenting the individual and the State as sharing equally in the blame. Although, ‘patriarchal society’ is named and presented as the main explanation for violence, it is not clear how violence is reproduced and how it derives from gender inequality (symbolized by the phrase ‘hablar mal de las mujeres públicamente’ [speaking ill of women publicly]).
The final panelist provides a very direct representation and distribution of responsibilities. He resorts to terms that name the violence in terms of who is the perpetrator ‘violencia machista’ [macho violence] and who is the victim ‘violencia de género’ [gender-based violence].
6) Juan Rodríguez Puppo (panelist): “
Juan Rodríguez Puppo (panelist): “Men, or many men, have been doing despicable things with women because we think that women are our private property and that is one of the reasons why the things that have happened in the last hours have happened. So, these are things that have to be corrected and we have to call them by their names: male violence and gender violence.”
In example 6, we observe a clear differentiation of gender roles and attribution of responsibility in relation to violence: males are perpetrators and women are victims. Males’ behavior is evaluated as socially reprehensible, and women are objectified. The appeal to traditional stereotypes makes the argument direct and clear, but it simplifies the situation. It is presented as a generalization that explains how this complex social structure of hierarchical power differences operates in terms of myths and presuppositions about differences in roles and values of people depending on their gender. However, the speaker hedges his statement by modifying the declarative statement, mitigating the scope of the evaluation modifying the noun that names the social actor from ‘Men’ to ‘many men’. So, there is a difference in graduation of the evaluation in terms of force (men vs many men) and focus (men vs women; Martin and White, 2005). This difference in number expresses a difference in power between gendered roles. The speaker presents a new argument that provides a call to action to ‘fix the problem’: a moral imperative. According to Rodríguez Puppo, this current violence against women expressed in feminicides must be corrected. But he does not elaborate on who is going to do it, nor how it is going to be done. This argument foregrounds the importance of symbolic and representational aspects as potential triggers for a cultural change. The panelist states that how we name the problem is central to its resolution. However, the speaker provides two wording alternatives which presuppose different points of view on the representation of responsibility and social roles. On the one hand, ‘Male violence’, which points to the male as perpetrator and his behavior as the center of action. And on the other hand, the phrase ‘gender violence’, highlights the point of view of the victim’s perspective as targeted because of gender. These differences in wording subtly direct attention to distinct solutions in terms of policies and actions to address gender violence.
These examples show certain cultural transformations on the threshold of moral sensibility that defines what is acceptable or not. These transformations are not abrupt and that is why meanings coexist sometimes (Rostagnol and Fontela, 2018), producing different readings of a situation, which is considered violence for some, while not for others. The panel and the host, as well as the guest in this episode of the program, reveal social tensions and contradictions in terms of how sexual and gendered violence are interpreted in Uruguayan culture.
This violence is reproduced through representations, practices, and institutions. These practices are directed toward subjects, who are in subordinated positions in the gender hierarchy. In this episode of the program, we can identify several frames that provide a narrative base to interpret and explain sexual violence in terms of what Bing and Lombardo (1997) call the judicial frame, the victim frame, and the social science frame. These narratives construct women as passive and victims and foreground cultural and social responsibilities, while identifying the judicial space as a site of moral disputes.
How does the differential status of gender produce unequal relations between men and women at different scales in this episode? Violence operates as a moralizing act that reduces and imprisons those who do not belong to the status quo. There is a type of gendered violence that is performed in this show that resorts to symbolic means to reproduce and challenge the patriarchal system. Moral violence (Segato, 2003) is the one that produces an emotional aggression by ridiculing, coercing, and devaluing females in their daily activities and in their moral value. The speakers do not attack one another, but construct a straw man, who is the target of the symbolic violence. This then allows them to displace all the negative values to Others and position themselves as morally superior and ‘evolved’ citizens, who do not engage in deviant and negative behavior.
Esta boca es mía 2022 3
In the March 8th, 2022 TV program, the host questions the panelists about a case that was in the media at the time: the accusations in social media of sexual harassment by a representative of an opposition party.
The first time the topic of sexual violence is introduced in the program, the event is represented as a ‘complaint’, distinguishing it from different types of sexual harassment accusations (whether official or on social media).
7) Victoria Rodríguez (host): “Yo lo pensé mucho si hay que hablar de esto porque esto en realidad todavía no tiene o no tenía hasta ahora
Victoria Rodriguez (Host): “I thought about it a lot, if we have to talk about this, because in reality, this still does not have or had not until now
The emphasis is on the fact that the ‘complaint of sexual abuse’ was published in the account Uruguayan males two on Instagram. There is no focus on the fact that there was sexual abuse, but on how the accusation was done. There is an implicit judgment of social sanction that point to the inappropriate way of denouncing the abuse.
In the next turn of the program, the host elaborates on the differentiation between complaints on social networks and formal complaints in Justice. This approach presents a dichotomy between different forms of reporting crimes, which may have implications for the rights of the different parties. The focus of the argument is that this type of complaint puts the defendant’s due process guarantees at risk (‘they leave a person pointed out’, ‘it leads to a public shaming’). The strategy used is to contrast two possible explanations for the choices made by the victims’ denouncing the violence, however the comparison leads to the conclusion that it is not appropriate to denounce the accused via anonymous social network postings.
8) Victoria Rodríguez (Host): “Esta posibilidad de hacer denuncias en las redes sociales que no están acompañadas por las denuncias formales que corresponden en la Justicia, que
Victoria Rodríguez (Host): “This possibility of making complaints on social media, which are not accompanied by the formal complaints that correspond to justice,
The representation of the person who is making the accusation is generic. There is a representation as a nominalization ‘the complaints’ that does not mention the accuser. This is justified to protect the identity of the person. It is represented as a quality: ‘anonymity’. The condition of anonymity allows for the release of responsibility. But the woman also appears represented as ‘the person who accused’, which constructs an indefinite agent, who performs a specific action for which she must take responsibility. The victim framing is foregrounding the effects on the male who is being accused not on the woman who experienced gendered-based violence.
The panelists take up the judicial framing and representation of the event, distinguishing between legitimate and illegitimate types of complaints (‘anonymous complaints on social networks, in a certain blog or whatever’).
9) Panelist 1 (P1): “Entonces
Panelist 1 (P1): “So this type of anonymous complaints on social media in certain blog or whatever I sincerely hate them because the only thing that these types of complaints do is create doubt about a certain individual who has no possibility of defending himself, because what it creates is generally a suspicion that this one or that other one could have committed a certain type of abuse, but there is absolutely nothing here, there is no complaint in the Prosecutor’s Office.” (minute: 7:05)
In example 9, once again, the effect of the complaint on the defendant is the focus of the message. The discussion centers on how the accused male is affected because his public image is tainted by the complaint, which he has no right to respond to and is coming from an unidentified source. The participant positions himself through evaluations with a high charge of affect: ‘I sincerely hate them’. This emotional reaction to the complaints of sexual harassment made on social media is justified by appealing to the same argument introduced by the host of the program: the risk of affecting due process. ‘The only thing that these types of complaints do is create a doubt about a certain individual who has no possibility of defending himself because what is created is generally a suspicion’. Likewise, the force of the certainty and existence of the accusation is mitigated, using modalization, to lower the probability of the responsibility of the accused and to diffuse the kind of behavior socially sanctioned: ‘he
The next panelist focuses his response on the Gender Violence Law, as the basis of the problem, saying that it is ‘the factory of false complaints’. This representation of the law shifts the argument toward the illegitimacy of complaints for gender violence in general, and not only in the context of social networks or outside the judicial system.
10) Panelist 2 (P2): “Yo voy a decir lo mismo que he dicho siempre, este, la Ley de Violencia de Género es la fábrica de las
Panelist 2 (P2): “I am going to say the same thing that I have always said, this, the Gender Violence Law is the factory of false complaints, but among so many false complaints there may be some true ones, and beware, this, article 46 of that same law says that the lack of resistance should not be valued as consent of the victim, so this enables anything, it enables a complaint even within marriage, enables a complaint even in an occasional relationship, in a touch and go, it enables anything, then the problem is still in the law, not in what happened, because what happened. . .”. (minute:10:33)
Example 10 also introduces a new point to delegitimize accusations of sexual abuse, questioning the concept of ‘consent of the victim’, since ‘it enables anything, enables a complaint even within marriage, enables a complaint even in an occasional relationship, in a touch and go, it enables anything, then the problem is still in the law’. This comment questions the law, which was the socially accepted space to make and legitimize a complaint, according to the other participants. In this case, the law opens the possibility of generating complaints in situations such as a sexual relationship within ‘marriage’ or ‘occasional relationships’ (casual flings). In other words, the panelist locates the problem in the law and questions not only the credibility of the complaint (‘there may be a true one’), but also the value assigned to the victim’s interpretation of the fact (‘enables anything’). In this case, it is also stated that gender violence is not possible in certain types of relationships that imply different degrees of commitment and involvement at a legal, social, and affective level. This argument leaves us with the question: in what kind of relationships would it then be possible to consider a complaint legitimate?
Alcoff (2009) says that the concept of consent is used at the level of Western cultures (Global North) as a way of determining whether sexual violence occurred. In her work, she shows how in a global context, when putting this concept together with that of the victim, those terms have limitations. In particular, the discussion at a theoretical level refers to situations of prostitution and trafficking, and in contexts of global migration, sexual relations between people with different ages, status, and power. In this TV debate, what is highlighted is that the term consent has to do with traditions of liberal politics where people are imagined as free agents to make decisions.
What happens when this freedom does not exist or when culturally, there are traditions and beliefs that restrict those freedoms? That is, there are social structures that condition the possibility of consent. According to Alcoff (2009), it is also important to consider what kind of dignity and epistemic credibility is conferred on women by the concept of consent. This notion also erases the intersubjective and relational aspects of sexual-affective relationships that, due to their phenomenological nature, do not conform to contractual notions such as consent. From this contractual perspective emerges the idea that sexual violence is related to unwanted sexual contact, against the will of a party or without consent. However, the feminist perspective on rape and sexual violence shows that this experience affects the identity of the person beyond the instance itself and it is constructed in relation to the actions of others.
In the last turn, panelist 2 refers to a feminist position that demands that all complaints be legitimized: ‘I do believe you’. This statement implies that there are others who do not believe and that there is always a framework of questioning the complainant/victim, which makes it difficult to expose oneself to publicly denounce this type of violence.
11) Panelist 2: “
Panelist 2: “So we are facing a very serious problem: either we adhere to the position that we have always had, at least I here on this panel, It is clear that someone else on this panel has also taken this position, or we adhere to the position that we have always found ourselves, always on behalf of the people who adhere to feminism; is “I do believe you”. That famous phrase from Mariana Carbajal’s book, “I do believe you”, would at least enable an investigation to be opened in this case and for the truth to be known, and I believe that this is what is happening, it is that the invention is killing the inventor.” (minute: 12:28)
The panelist uses a legitimation strategy that appeals to an author from the River Plate (Mariana Carbajal) who intertextually evokes a feminist position and interpretation to frame the case: ‘I do believe you’. He identifies the position he is questioning with feminism but uses it to validate his argument in favor of investigating the accusation. In other words, there is a transformation of the production of a disposition and moral obligation to believe the accusation, that gives the complainant epistemic validity and supports her credibility. That transformation of this argument makes the reference to ‘believing’ into a justification to review and examine the factual bases of the complaint. In his closing, the panelist uses a saying: ‘the invention is killing the inventor’. In other words, the critique is now displaced to the law that sought to protect or give more rights to women. This law is challenged because it does not allow situations of gender violence to be clearly identified and opens men to unwarranted accusations that limit their right to be considered innocent until proven guilty.
The representation of the complaint in this episode of En esta boca es mía, on International Women’s Day, shows that women have an unequal status and credibility in discourses relating to gender-based violence. At the level of the production of discourses on gender relations that circulate in the public sphere, there is still less space for women’s words to be heard than that of men. On the other hand, at the level of the voices and representations that circulate in a television program, it is noteworthy that in Uruguayan society, discourses that question the claims for rights and recognition of the violations suffered by women still are naturalized.
This episode shows the appeal to frames that had already been identified by Bing and Lombardo (1997) such as the judicial frame. The judicial frame is used to question the regulations that guarantee protections against gender violence and judicial spaces, constructing the male participant as an unjustly accused man or victim. In addition, the traditional representation of gendered roles constructs women who denounce as actors who cannot be believed. These women cannot be treated as subjects of law, since they do not behave according to what is socially sanctioned. In our analysis, we identified a new frame, the feminist frame, that considers sexual abuse as a type of violence that manifests a power embodied in masculinized bodies over feminized bodies and responds to a social structure (Rostagnol and Fontela, 2018; Telles Ribeiro and Cabral Basto, 2020). The coexistence of these different frames in the same public sphere led to different conclusions about the same situation. Regarding existing laws and institutions created to promote and defend women’s rights, the competing interpretations of their meaning and significance result in concrete material consequences for women.
Conclusions
Media help shape social perception and social reality, in this case we observed how the invisibility of the system of unequal power relations in gender-based violence contributes to its naturalization. We showed that the discourse of media about gender differences is used to minimize and deflect accountability for sexual violence. Media framing and representations of sexual violence not only influence individual’s attitudes and attributions of responsibility but also shape public opinion and impact policy (Gillespie et al, 2013). For instance, in Uruguay, the false accusations of sexual harassment at a current presidential candidate have motivated legislators in congress to propose modifying the national law that sanctions sexual violence. 4 Current media representations of sexual violence victims and perpetrators in Uruguay are characterized by skepticism towards’ victims’ accusations, euphemisms to describe sexual violence, and sympathetic language toward perpetrators, as has been shown in studies in other parts of the world (Aroustamian, 2020).
There are certain patterns in terms of discursive strategies such as hyperbole (‘I hate these kinds of complaints online’), repetition (‘false complaint’, ‘alleged abuse’, ‘is it a story of abuse?’), counterstatement (‘If you think’, ‘I don’t know, I wasn’t there’, ‘enable anything’) that seem to point to a cultural interpretative framework that naturalizes gender violence.
The participants in this TV program display active engagement in the reproduction of gender, which are traditional roles that naturalize sexual violence and minimize the importance of victims’ accounts in reports of sexual harassment. The interactions in this program also serve to delegitimize and criticize feminist demands, such as the importance of recognizing and acknowledging the victim’s word in the interpretation of accounts of sexual violence. In these cases, instead of having the frame, by which harassment is discounted as a problem of communication, we observed that the justification for the normalizing of the violence is rationalized as a problem of due process and deviation from the established procedure. Differences of power at the interpersonal and institutional level, which do not provide guarantees for victims, are not acknowledged. The judicial frame (Bing and Lombardo, 1997) is also used to explain how legislation promoting women’s right is generating unfair norms and failing to protect men, as a result there is an implied endorsement of limiting these legislative norms to ‘return to the status quo’.
The TV show’s decontextualized analysis of situations represents women as non-conformist and resistant to following rules, while simultaneously presenting the failures of these same norms and judicial system to change cultural practices. As a result, the victims are not recognized as such and there is a recontextualization of the situation by which defense of rights and equality means challenging the policies and practices which have been recently established to prevent and sanction gender-based violence.
Footnotes
Acknowledgements
We would like to thank the contributions of Luciana Benitez and Victoria Constantino in the transcription and analysis of the coverage of the TV news programs produced on March 8th 2022. We are also thankful to Brian Carpenter and Miranda Carpenter for their revisions. All the mistakes are our responsibility.
Declaration of conflicting interests
The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
Funding
The author(s) disclosed receipt of the following financial support for the research, authorship, and/or publication of this article: from Comisión Sectorial de Investigación Cientifica (CSIC) of the Universidad de la República. Proyecto I+D 2020 Cobertura informativa y procesos de (des)información en los medios de comunicación uruguayos.
