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24 May 2024

Redefining Boundaries in the Metaverse: Navigating the Challenges of Virtual Harm and User Safety

,
and
1
Criminal Law Department, Naif Arab University for Security Sciences, Riyadh 11452, Saudi Arabia
2
School of Law, University of Leeds, Leeds LS2 9JT, UK
3
Metropolitan College, Boston University, Boston, MA 02215, USA
*
Author to whom correspondence should be addressed.
Laws2024, 13(3), 33;https://doi.org/10.3390/laws13030033
This article belongs to the Topic Emerging Technologies, Law and Policies
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Abstract

This paper analyses sexual crimes within the Metaverse to develop an effective legal framework. The aim is to enhance safety in virtual realities, ensuring the Metaverse remains a secure, respectful, and liberating environment for all users. As the Metaverse continues to evolve, merging augmented physical reality with digital existence, it introduces new opportunities for socialisation, commerce, education, and entertainment. However, this digital realm also faces significant challenges, particularly the increase in sexual violence. This article evaluates the development of the Metaverse and its impact on sexual offences. It provides an overview of the Metaverse, followed by an in-depth exploration of the nature of sexual violence in this virtual space, its effects on victims, and the resulting legal and ethical issues. Additionally, this article examines the complexities of combating sexual violence within the Metaverse, reviewing the legal frameworks in various jurisdictions, including the United States, the European Union, the United Kingdom, and South Korea. These examinations reveal a range of legal viewpoints and possible solutions. This article outlines a proposed legal framework, highlighting key strategic areas for mitigating sexual violence in the Metaverse. The primary objective is to enrich the discourse on the Metaverse, pushing for strong, flexible, and holistic legal measures. Through this research, we aim to contribute to the creation of protective mechanisms against sexual violence in these emerging virtual landscapes.

1. Introduction

The advent of the Metaverse signifies a paradigmatic shift in the human–computer interaction. This convergence of augmented physical reality with a persistent virtual existence offers unparalleled opportunities for socialisation, commerce, education, and entertainment. However, this expansive digital domain is not devoid of significant challenges. Among these, the emergence of sexual violence within the Metaverse stands out as a pressing and urgent issue that demands immediate attention. This troubling phenomenon exploits the very technological innovations that define the unique characteristics of the Metaverse.
This paper provides an in-depth analysis of the development of the Metaverse, with a specific focus on the misuse of emerging technologies for sexual offences. It begins with a critical evaluation of the extensive body of literature surrounding the complex dimensions of Metaverse development. This evaluation covers technological foundations, ethical dilemmas, security and privacy challenges, and legal and governance frameworks to ensure a safe environment and prevent criminal activities. The Methodology Section details our approach to these issues through a doctrinal legal perspective. Utilising comparative legal analysis, we investigate the issue of sexual violence in the Metaverse across four distinct legal jurisdictions including the United States, the European Union, the United Kingdom, and South Korea. This methodology enables us to uncover and understand the subtleties of legal challenges across these jurisdictions and to formulate comprehensive solutions to these intricate issues. Our structured analysis aims to offer insights into effective legal mechanisms that could reduce the incidence of sexual violence within the Metaverse, identifying both existing gaps and possible improvements. We propose a preliminary legal framework aimed at reducing sexual violence in the Metaverse. This framework is intended to highlight strategic areas essential for addressing this issue in the digital realm. The primary goal of this paper is to contribute significantly to the ongoing discourse about the Metaverse, specifically in the context of sexual violence, and to underscore the need for robust, flexible, and comprehensive legal frameworks. Through our investigation, we seek to outline the challenges and aid in developing solutions that ensure the Metaverse is a safe, dignified, and accessible environment for all its users.

2. Literature Review

The concept of the Metaverse has garnered significant attention in recent years, with scholars exploring various aspects of this emerging digital realm from interdisciplinary perspectives. A common theme across the reviewed literature is the need for a comprehensive strategy to address the challenges the Metaverse poses, particularly regarding security, privacy, governance, and ethical considerations. This strategy encompasses adopting innovative platforms for safety training alongside integrating virtual reality technology to augment conventional safety training techniques (Fajar et al. 2022).
Despite these advancements, the inherent risk of criminal activities within these virtual environments necessitates a holistic approach to safety. This includes implementing stringent security measures, establishing reliable identity verification systems, and developing robust infrastructure to support Metaverse operations (Gu et al. 2023). The formulation of evidence-based policies and interventions plays a crucial role in minimising the adverse effects of the Metaverse on individual well-being and ensuring a secure virtual space for all participants.
Qin et al. (2022) argued for creating an international legal framework to enhance global collaboration, facilitate crime investigations, and foster democratic governance within the Metaverse. They emphasised the critical role of identity in this virtual realm and proposed a decentralised governance model, leveraging blockchain technology and transparent AI algorithms to ensure democracy. This strategy recognises the Metaverse’s disregard for geographical boundaries and seeks to address the challenges it presents to traditional legal frameworks. Lee et al. (2021) highlighted the vital role of legislative bodies in soliciting and analysing feedback from various stakeholders, including industries, users, and expert groups, to prevent the negative consequences of hastily enacted legislation. They identified breaches of personal information and digital sex crimes as significant security concerns within the Metaverse, recommending that the legal system be revised within the context of existing laws rather than creating new, separate legislation. This thoughtful approach balances the need for security against the potential negative impact of overly harsh sanctions on the Metaverse industry.
Marshall and Tompsett (2023) challenge the notion of the Metaverse as a revolutionary advancement, suggesting that while it may not create new forms of abusive behaviour or crime, it can amplify existing issues on a larger scale. This nuanced perspective requires a balanced understanding of the ethical implications of immersive online experiences. Fajar et al. (2022) demonstrate the effectiveness of safety training using the Metaverse concept and virtual reality technology, particularly within the shipping industry. Their study, which involves 60 respondents, shows that gender and age do not significantly affect the functionality or usability of virtual reality in safety training, underscoring the Metaverse’s potential to enhance work collaboration across geographical areas without demographic limitations. Wu et al. (2023) discuss the challenges posed by the decentralisation of Web3 for governance and the rise of financial crimes in the Metaverse ecosystem. They underscore the importance of comprehensive governance mechanisms to tackle these emerging challenges and protect users from potential threats (ibid.). The lack of industry standards and regulatory rules has made Metaverse attractive to financial criminals, highlighting the need for comprehensive governance mechanisms to address these challenges. Laue (2011) explores the conceptual and methodical challenges of analysing deviant behaviour in virtual worlds from a criminological perspective. He suggests that while Metaverse may lead to a quantitative increase in online criminality, they have a low potential for developing entirely new forms of criminality (ibid.). The impact of virtual worlds on user behaviour in real society requires further research. Lee et al. (2021) discuss the auxiliary role of criminal law in addressing crimes within the Metaverse (W. S. Lee 2022). They advocate the integration of crimes from special laws into the criminal code and call for discussions to establish a “Metaverse criminal law system” tailored to the new era. This proposal aims to provide a legal framework to address cybercrimes within the Metaverse effectively. Zhao et al. (2023) analyse the Metaverse as a super 3D VR ecosystem, identifying serious security and privacy concerns that must be addressed (ibid.). They propose potential solutions to these issues, recognising the Metaverse’s benefits in reducing discrimination, eliminating individual differences, and enhancing socialisation.
Kasiyanto and Kilinc (2022) examine the economic potential of the Metaverse, highlighting significant legal considerations around traditional property law, intellectual property law, privacy, and governance structures within this emerging digital realm (ibid.). Similarly, Benrimoh et al. (2022) focus on the transformative potential of the Metaverse in reshaping societal norms through enhanced self-expression and interaction channels (ibid.). They also discuss the Metaverse’s capacity to revolutionise societal norms through unlimited channels of self-expression and interaction. Kalyvakİ (2023) addresses the complex legal landscape of the Metaverse, focusing on the intricacies of intellectual property, privacy, and jurisdiction (ibid.). The study underscores the urgent need for a clear definition of virtual asset ownership and advocates interdisciplinary approaches to navigate these legal challenges. Lee et al. (2021) argue for a cautious legislative approach to the Metaverse, emphasising the need for consultation with industry stakeholders, users, and experts to mitigate the adverse effects of precipitous laws (J. H. Lee 2022). They underscore the relevance of existing legal frameworks, such as the Framework Act on Intellectual Property and Related Laws (South Korea), to future legal challenges in the Metaverse. Their study calls for advanced legal preparations to ensure safety and address potential legal problems in the digital space. Allam et al. (2022) examine the Metaverse in the context of smart cities, emphasising the need to prioritise human values and inclusivity in future digital societies. They highlight the disruptive effects of the Metaverse on urban society and stress the importance of reshaping the concept to prioritise human values and ensure inclusivity and accessibility in future digital societies. These analyses suggest a way forward, where a holistic approach to developing and implementing strict measures against any sexual crimes in the Metaverse is required. Preferably, this should involve revising existing legislation rather than introducing new laws to simplify the process while preserving the Metaverse’s potential benefits. The discussions emphasise the necessity of interdisciplinary collaboration, proactive legal preparation, and thoughtful regulation to navigate the complexities of this emerging digital frontier effectively.

3. Methodology

This article adopted a doctrinal legal methodology employing comparative legal analysis to investigate challenges thoroughly and formulate comprehensive solutions for sexual violence in the Metaverse (Bhat 2020a, 2020b; Reitz 1998; Vranken 2011). The following subsections elaborate on the approach adopted in this study.

3.1. Data Collection

A comprehensive literature review was carried out across major databases in legal, technology, and social science fields, including Google Scholar, ScienceDirect, ACM Digital Library, IEEE Xplore, PsycINFO, and SocINDEX. The review analysed peer-reviewed articles, conference papers, and book chapters, utilising iterative keyword searches related to “Metaverse”, “virtual reality”, “sexual assault”, “online harassment”, “content moderation”, and “technology policy”. From the insights gained through the literature review, legal doctrines related to cybersexual violence from the U.S., U.K., EU, and South Korea were methodically identified and collated into a master database. This compilation encompassed statutes, case law, regulations, and directives. The review of legal doctrines across these jurisdictions aimed to evaluate the current approaches to addressing sexual violence in the Metaverse or digital spaces (Keenan and Zinsstag 2022; Wodajo 2022).
Data collection entailed examining statutes, case law, international conventions, and academic literature. We used expertise from criminal law specialists, who analysed different jurisdictional responses to these incidents within the framework of their legal systems, specifically highlighting the challenges posed by the virtual context of the Metaverse.

3.2. Analysis

Adopting a comparative law approach (Bhat 2020a; Reitz 1998), this article identified and evaluated the legal responses to virtual sexual violence, focusing on their effectiveness and relevance to the Metaverse. Directed qualitative content analysis methods were employed to critically examine doctrinal data, enabling a comparison of legal approaches across jurisdictions. This analysis aimed to identify gaps in protection, assess the applicability of existing laws to the Metaverse, and outline ethical and safety considerations. Legal scholars have underscored the importance of recognising the shortcomings in current legal protections and the challenges posed by differences in jurisdictional laws. Additionally, the technological aspects crucial for both the perpetration and prevention of such acts were examined in relation to user interactions within Metaverse platforms. For instance, to combat avatar-related sex crimes, some scholars have proposed specific punitive measures and preventive strategies, such as restricting avatars from approaching each other beyond a certain distance (Ye and Chang 2022).

3.3. Framework Development

Analysing previous studies and expert opinions enables legislative bodies to gather and analyse feedback from relevant industries, users, and expert groups. This approach ensures the Metaverse is used in a healthy and safe manner, minimising the risks posed by shortsighted legislation (Wiederhold 2022). Furthermore, current cyber law precedents can be adapted to tackle sexual violence in the Metaverse by revising and amending existing laws to incorporate specific provisions for virtual environments (Lee and Min 2022). Laws such as the data protection law and criminal laws addressing sexual offences could be updated to tackle issues of personal information infringement and digital sex crimes within the Metaverse. For example, in the U.K., rape and sexual assaults are defined under the Sexual Offences Act of 2003, but only in real-life situations. This does not extend to the online context or the Metaverse, where offences can have a much worse impact, as previously discussed (Gomez et al. 2024). Likewise, the Act on Special Cases Concerning the Punishment of Sexual Violence Crimes and the Act on the Protection of Children and Juveniles’ Sexuality in South Korea could undergo amendments to offer legal protection against sexual offences in virtual spaces (D. I. Lee 2022).
Drawing on interdisciplinary research into the ethical, psychological, and safety implications of virtual interactions, this study seeks to find a balance among user rights, platform accountability, and the demands of technological advancement. It also considers how cyberlaw precedents addressing issues like cyberbullying and cyberstalking could influence Metaverse-specific regulations (L. Yang 2023). A comprehensive framework, informed by comparative legal analysis and multidisciplinary insights, was developed to address the unique challenges of sexual violence in virtual environments. This article proposes tailored governance strategies based on logical reasoning by integrating comparative findings and extrapolating from technology-specific insights. It offers specific, academically supported policy recommendations for various stakeholders, aiming to create a safer Metaverse for all users.

4. Brief Overview of the Metaverse

The Metaverse, emerging as a potentially groundbreaking development in the technological landscape, is poised to surpass the impact of the Internet. This notion, endorsed by industry leaders, including Facebook’s CEO (Newton 2021) and numerous tech experts, underscores the importance of thoroughly understanding the Metaverse’s far-reaching implications. Conceptually, the Metaverse represents an expansive virtual domain, its name deriving from the Greek “Meta” (beyond) and “Universe”, symbolising a realm that extends beyond our familiar reality. Although defining the Metaverse is challenging, it is generally depicted as a collective, immersive experience in a simulated environment, engaging multiple users in a first-person perspective. This spectrum ranges from complete virtual environments in virtual reality (VR) to augmented reality (AR) integrations within the physical world. AR enhances real-world experiences with virtual components, while VR offers total immersion and is now employed across various sectors, including medical training and virtual social interactions.
In the Metaverse, avatars serve as the digital embodiments of users, facilitating dynamic interactions, exploration, and access to a wide range of digital services. This capability allows users to develop unique identities and personal brands within the virtual landscape.
Creating virtual humans or avatars enables user interactions akin to real-world social dynamics in this environment. However, such interactions carry the potential risks associated with physical interactions, including offences like theft, misrepresentation, fraud, and sexual offences. In the virtual realm, offences such as the unauthorised acquisition of virtual currencies could be equated to virtual theft. Furthermore, the principles of contract law might apply to transactions conducted within this space, introducing concerns about fraud and misrepresentation.
Crucially, interactions between avatars that are sexual in nature also fall under the scrutiny of laws governing sexual conduct. This aspect raises significant legal and ethical considerations, particularly in how existing laws and regulations can be adapted or extended to govern such interactions in the Metaverse. It implies the need for a comprehensive legal framework that addresses the unique challenges posed by virtual environments, ensuring that the rights and safety of users are protected in this emerging digital frontier. This development underscores the importance of understanding the Metaverse not only as a technological innovation but also as a domain requiring careful consideration of legal, ethical, and societal implications.

5. Exploration of Trends—Sexual Crimes in the Metaverse

The emergence of sexual crimes in the Metaverse raises critical questions about the responsibilities of platform developers and operators in monitoring and addressing such behaviours. It also highlights the need for comprehensive legal frameworks and ethical guidelines to combat these issues effectively. This section aims to shed light on the nature of these crimes, their impact on victims, and the broader implications for safety and inclusivity in virtual environments. Understanding and addressing these challenges is essential for ensuring that the Metaverse remains a space that fosters positive and respectful interactions while protecting the rights and well-being of all users.
The Metaverse, designed to replicate real-world social dynamics, facilitates various forms of interaction among avatars, including gaming, virtual tourism, and other recreational activities (Ramirez et al. 2023). While these interactions are intended to enrich the user experience, they also open avenues for both consensual and non-consensual sexual activities. Instances of sexual harassment and assault in the Metaverse are increasingly reported, reflecting a disturbing parallel with real-world trends. Such incidents range from avatars being groped (Belamire 2016) to extreme cases like virtual rape (Sum of US 2021, pp. 5–6). A notable case involved a female researcher’s avatar, which was subjected to a simulated rape at a virtual party in view of other avatars (ibid.). In another incident, a user’s avatar experienced simulated groping and ejaculation (ibid.). These are not isolated events but part of a larger pattern of sexual harassment becoming disturbingly frequent in the Metaverse. Research in this domain reveals a further disconcerting trend: minority groups, particularly women, children, and people of colour, are often the primary targets of harassment in virtual environments, mirroring the vulnerabilities these groups face in the physical world (Blackwell et al. 2019). The presence of sexual harassment in the Metaverse exacerbates the risks for already vulnerable groups, particularly children, who are naturally inclined to embrace new technologies such as the Metaverse quickly (Robinson et al. 2020). This inclination, reflective of their inherent digital savviness, brings into sharp focus the grave issue of child sexual exploitation within these virtual spaces.
This deepening concern is intensified by the growing immersion of children and adolescents in digital media, raising serious alarms about the potential negative impacts on their mental and physical health. The Metaverse, in this context, not only amplifies mental health challenges like depression, anxiety, addiction, self-harm, suicidality, and eating disorders but also lays the groundwork for severe social issues. These include cyberbullying, inappropriate sexual behaviour, and exploitation of minors, which are particularly alarming given the already heightened risks of sexual harassment in these environments. Moreover, the Metaverse exposes young users to additional dangers, such as online gambling and significant privacy and security threats (Kim and Kim 2023).
What is particularly disconcerting is the lack of comprehensive research on the societal impacts of the Metaverse, especially at an individual level and in terms of its long-term environmental effects. This lack of research is more than just a gap in academic understanding; it represents a critical oversight in our approach to managing and governing these new digital landscapes. The paucity of focused studies on these issues is a glaring omission, given the potential for profound and lasting effects on our society’s most impressionable and vulnerable members. Therefore, developing a more critical and evidence-based understanding of the Metaverse’s impact is imperative, ensuring we are not inadvertently placing our younger generations at risk in these uncharted digital territories.
The complexities of the Metaverse further exacerbate these issues. The platform enables adults to disguise themselves as children, potentially deceiving real child users into thinking they are interacting with peers (Lorenzo-Dus and Izura 2017). This deceptive environment poses a significant risk for unsuspecting minors. On the flip side, there is the occurrence of “sexual age-play”, where consenting adults use avatars that appear underage (Kierkegaard 2008; Reeves 2013). Though this might not be illegal, it raises ethical concerns and potentially normalises problematic behaviours. These virtual interactions involving the sexual depiction of children create a grey area in both legal and moral terms. The research underscores the seriousness of this issue, indicating that hostile, violent, or abusive experiences in the virtual world can elicit psychological and physiological responses akin to those experienced in the real world (Lee et al. 2021). Thus, the Metaverse not only reflects but potentially intensifies the risks of child sexual exploitation familiar in the real world. This situation underscores the urgency of developing robust safeguards and legal frameworks to protect the most vulnerable users in the Metaverse.

6. Unique Challenges: Navigating the Uncharted Terrain of the Metaverse

As we discussed in the previous section, the prevalence of sexual crimes in the Metaverse makes it imperative to delve into the unique challenges this virtual environment presents, especially in the context of these offences. The Metaverse, a burgeoning and evolving digital realm, brings forth complexities not typically seen in the physical world, necessitating a nuanced understanding and approach.
A primary challenge in the Metaverse is the ambiguity surrounding consent. Unlike in the physical world, where the norms and boundaries of consent are more clearly defined and understood, these boundaries become blurred in the Metaverse. The virtual nature of interactions complicates the understanding of consent, as communication nuances and intentions can be misinterpreted or lost in digital translation. This is further complicated by the potential for user misrepresentation and the inherent anonymity within these spaces. Such factors can lead to scenarios where actions, including unsolicited advances, may not be uniformly perceived as inappropriate by all parties involved, potentially leading to instances of sexual violence. Anonymity in the Metaverse also presents a significant challenge. While it gives users a sense of freedom and privacy, it can simultaneously encourage them to engage in behaviours they might otherwise avoid in the real world. This sense of detachment, combined with perceived impunity, can escalate the frequency and severity of sexual violence in these virtual spaces. Striking a balance between the benefits of anonymity and the need to deter harmful behaviours becomes critical to managing these environments.1
Furthermore, the psychological impact of experiences in the Metaverse, particularly those related to sexual violence, is a crucial factor. Even though these experiences are virtual, they can have tangible psychological effects on victims, including trauma, fear, and distress, mirroring the impacts of real-world sexual violence. Thus, addressing the unique challenges of the Metaverse, especially in the context of sexual violence, requires a multifaceted strategy. This strategy should encompass technological solutions, community guidelines, legal adaptations, and psychological support mechanisms. The development of robust legal frameworks that can adapt to the intricacies of virtual environments is particularly urgent.

6.1. Virtual Consent

Exploring the intricate issue of virtual consent within the Metaverse, it is crucial to understand how it diverges from traditional notions of consent in the physical world. Factors such as avatar autonomy, the blurred distinction between player and character, and potential miscommunication in digital interactions significantly impact how consent is perceived and negotiated in virtual spaces. A study by Zytko and Chan sheds light on the alarming absence of consent mechanisms in virtual societies (Zytko and Chan 2023). Zytko and Chan point out that social Virtual Reality (VR) environment developers often overlook the need for consent-based frameworks. This negligence contributes to and exacerbates the occurrence of criminal sexual offences in these virtual realms. The absence of a system for explicitly exchanging consent allows for and indirectly encourages situations that lead to such offences.
In VR, participants engage in sexual exploration through their avatars, leading to overtly sexual experiences. These experiences can range from erotic body movements and promiscuous verbal dialogue to non-consensual interactions, sometimes involving underage users. The complexity of eliminating sexual violence or harmful behaviour in the Metaverse is underscored. Participants in Zytko and Chan’s study found themselves in a grey area regarding what constitutes sexually appropriate behaviour in virtual spaces (Zytko and Chan 2023). This ambiguity largely stems from the absence of a clear, qualitative standard for assessing behaviour, resulting in varied perceptions and responses to sexual interactions. Establishing mechanisms that address these issues is essential for safeguarding users in the Metaverse. Without such mechanisms, users are vulnerable to harmful behaviours that blur the lines between virtual and real-world consequences.

6.1.1. Avatar Autonomy and Blurred Lines between Player and Character

In the Metaverse, where users adopt avatars for interaction, the concept of embodiment creates a profound connection between users and their virtual representations (Gonzalez-Franco et al. 2020). This phenomenon holds both promising and problematic potential. Positively, it allows individuals to transcend their real-life limitations, creating idealised versions of themselves (King et al. 2020). However, this can inadvertently set unrealistic beauty and lifestyle standards, fostering unhealthy comparisons and possibly aggravating issues like body dysmorphia, especially among younger users who are at a crucial stage of identity development (Abbas and Dodeen 2022).
As discussed before, virtual consent and bodily autonomy become particularly complex in the Metaverse. Instances of sexual harassment, such as the non-consensual touching of an avatar, challenge our understanding of consent in these digital realms. While such actions are unequivocally deemed sexual harassment in the real world, the translation of these norms to virtual avatars is not straightforward. The ambiguity lies in whether the autonomy and rights afforded to a person’s physical self should extend equally to their digital avatar (Freeman et al. 2022). In real-world social interactions, there are established norms regarding physical proximity, where unwanted closeness is recognised as harassment (ibid.). Scholars argue for a parallel in virtual environments: actions that invade personal space without consent, even in a digital context, should be seen as potential harassment (ibid.). This perspective suggests that avatars in the Metaverse are more than mere digital entities; they are extensions of the users’ personal autonomy (ibid.). Therefore, the actions and choices made by these avatars could reflect the users’ intentions and deserve respect and legal consideration similar to those in the physical world.
These factors complicate the application of criminal liability to virtual experiences. While users can theoretically disengage at any time, the phenomenon of involuntary paralysis or “tonic immobility” during traumatic experiences raises questions about the user’s ability to exercise this control (Kalaf et al. 2017). Research is needed to determine whether sexual crimes in the Metaverse can evoke tonic immobility and, if so, whether its degree is comparable to real-world experiences. Without concrete answers, uncertainty remains about how much an avatar represents the end user and the degree of autonomy and agency a user possesses in exercising consent in virtual environments. This uncertainty underscores the need for a nuanced understanding of consent and autonomy in the Metaverse.

6.1.2. Potential for Miscommunication

The Metaverse, transcending geographical and cultural boundaries, hosts a diverse global user base, each with unique social and moral norms. This diversity, while enriching, inevitably leads to communication challenges. Users from different regions and backgrounds may unintentionally offend each other’s sentiments because of these varying norms. Often resulting from these cultural disparities, miscommunication can lead to unintended and sometimes undesirable outcomes. However, it is essential to recognise that users are not entirely naive in their approach to cross-cultural communication. Current social media platforms serve a global audience and operate under certain ‘community standards’ that guide user interactions. Users from diverse backgrounds generally respect these standards, each socialised in different environments.
Similarly, issues like sexual abuse and violence tend to garner a broad consensus across various communities, suggesting the possibility of establishing universal community standards in the Metaverse. Despite this, subtler issues may arise in the Metaverse, particularly around softer or more nuanced remarks. What might be considered sexually offensive can vary significantly depending on a user’s societal upbringing and understanding of social norms. These nuances present challenges in establishing a one-size-fits-all standard for communication and behaviour.
The Metaverse, offering immersive real-life simulations, intensifies these challenges beyond the traditional text and image-based interactions of the current Internet. In such a highly interactive and realistic environment, the potential for miscommunication and misunderstanding is not only present but could be significantly amplified. Navigating this complexity requires a nuanced approach to community standards, one that is sensitive to the diverse backgrounds of users and adaptable to the unique communicative dynamics of the Metaverse. This approach is essential for fostering a respectful, inclusive, and safe environment for all users, regardless of their cultural or geographical origins.

6.2. Impact of Anonymity

The impact of anonymity in the Metaverse is a critical issue, particularly when considering its influence on incidents of sexual violence. This anonymity, inherent to the Metaverse’s virtual realms, allows users to interact without revealing their true identities, which can encourage damaging behaviours. This aspect of facelessness in the Metaverse is not merely a feature; it represents a complex challenge that amplifies the difficulties in supporting victims and identifying perpetrators. In the Metaverse, the challenge of identifying the real individual behind an avatar is substantial. The creation and customisation of avatars are subject to minimal restrictions, making it nearly impossible to ascertain the true identity of a user (Jesse 2019–2020). This flexibility allows individuals to disguise their identity completely, even assuming entirely false personas. For instance, in platforms where avatars are meant to represent the user’s real appearance, it is easy for individuals to create deceptive avatars using someone else’s photo, further complicating the authenticity issue (Lin and Latoschik 2022).
Taking “Second Life” as an illustrative example, the platform allows users to choose their avatars’ first names, permitting using abstract or non-descriptive names. This policy promotes creativity and freedom but also facilitates a high degree of anonymity. Similarly, the lack of verification mechanisms compromises the platform’s age restriction policy, enforced through a birthdate requirement. Users often create new, separate email accounts specifically for such platforms, further obscuring their real-world identities. In addition, avatar customisation in the Metaverse, which includes modifications to physical appearance and attire, complicates the identification of a user’s actual gender and age. While platform owners may identify which account created an avatar, to other users, these avatars function essentially as pseudonyms. However, the anonymity afforded by these avatars is undermined as they develop sub-identities within the Metaverse. These sub-identities, shaped by behavioural patterns and shared knowledge, can inadvertently reveal personal information about the user, thereby compromising their privacy.
The various layers of anonymity in the Metaverse present significant challenges in criminal situations, particularly in identifying perpetrators. This environment also creates opportunities for malicious activities, such as creating fake avatars to impersonate others or commit crimes in their name. The complexity of these issues demands a nuanced approach to identity management in the Metaverse. Ensuring accountability and safety while preserving the freedom of expression requires a delicate balance and potentially innovative technological and regulatory solutions. This balance is crucial for maintaining the integrity of interactions within the Metaverse and protecting users from harm.

6.3. Detrimental Psychological Effects

We examine the potential psychological effects of sexual violence within the Metaverse in this section. Drawing on insights from cyberpsychology, we aim to understand the harmful impacts these occurrences can have on a user’s mental well-being, potentially causing trauma similar to that experienced by victims of sexual violence in the real world. The Metaverse presents various forms of virtual worlds, each with distinct implications for how users relate to their avatars. In some of these worlds, users are limited to using standardised avatars with little to no opportunity for customisation. In such environments, the degree of emotional attachment or identification a user feels towards their avatar might be minimal because of the lack of expression of personal identity. This diminished attachment could result in a reduced psychological impact from any experiences of virtual abuse or harassment. On the other hand, there are virtual spaces that allow users extensive customisation options for their avatars. Users can craft unique identities in these settings that reflect their personal characteristics and preferences. Such a deep level of personalisation can lead to a stronger emotional bond with the avatar, making experiences of sexual violence in these contexts potentially more traumatic. Users might perceive these violations as direct attacks on self-representation, leading to significant emotional distress. The psychological effects of these two types of virtual environments are markedly different. Where avatars are standardised and impersonal, users may experience a certain degree of detachment from negative experiences, mitigating the psychological impact. However, in environments with highly personalised avatars, the repercussions of sexual violence can be as severe as those experienced in the physical world, including feelings of fear, anxiety, and psychological distress.
This variation in psychological impacts highlights the importance of understanding the complex dynamics of user–avatar relationships in the Metaverse. As virtual environments evolve to offer more personalised experiences, the potential for psychological harm escalates, underscoring the need for measures to safeguard users’ mental health. Such measures could include establishing support systems for victims, implementing community guidelines to prevent abuse, and educating users about the risks and ethical responsibilities of virtual interactions. Addressing these psychological dimensions is vital for maintaining the Metaverse as a safe, inclusive, and respectful digital landscape (Freeman et al. 2022).
This perception engenders a sense of responsibility and protectiveness towards the avatar, reflecting the user’s role and identity within the virtual world (ibid.). Emerging research in this field indicates that the more the virtual world resembles the real world, the more likely it is for the user’s brain to process virtual experiences similarly to real-life experiences. This phenomenon is not just about visual and aesthetic similarity; it is also about the immersive quality of the experience. Modern virtual reality hardware is crucial in enhancing this sense of immersion.
Devices such as VR headsets and haptic gloves create a compelling sense of “presence”, making the virtual experience more real and immediate.2 This refers to the experience of “being inside” the simulated environment, i.e., successful “location” illusion (Cummings and Bailenson 2016), and the feeling that one is performing some action (even though the setting is virtual), i.e., the “action” illusion because of this, a so-called “virtually real experience” is created, i.e., an experience perceived to be “real at the moment of experience” (Montefiore and Formosa 2022; Ramirez 2022). For example, in an interview, VR researcher Jessica Outlaw states that when talking to people she knows in a VR headset, she feels she is with them, has an embodied experience, and “creates memories” with them (Dolan 2022). Research also suggests that in a Metaverse setting, the neural response of the brain remains the same as that in the physical world. Hence, in a realistic game setting, a user might feel scared to death if their avatar is in a near-death situation, even though no actual physical harm ever occurred to the user (Lemley and Volokh 2018). Cyber violence has been found to cause psychological harm such as depression, stress, anxiety and post-traumatic stress disorder (Cripps and Stermac 2018). Therefore, the psychological impact in the Metaverse is more significant and much different than a typical online scenario such as a simple video game (Lemley and Volokh 2018). It may be said to be close to a real-world impact since it triggers responses similar to those in the real world.

9. Conclusions

This exploration of the Metaverse, a groundbreaking domain for social interaction, concludes with the observation that our current legal frameworks are woefully unprepared to address the unique challenges it presents, especially in terms of sexual violence. This article serves as a crucial step towards understanding and developing a comprehensive legal framework tailored for the Metaverse, focusing on ensuring the safety and dignity of all its participants. The Metaverse, with its immersive and interactive nature, blurs the lines between virtual and physical realities, creating new complexities in defining and regulating behaviour. Our discussion underscores the necessity for novel legal definitions of virtual harm, expanding beyond the confines of physical-world harms to include the multifaceted consequences of actions in virtual spaces. This broadened perspective is vital in acknowledging the psychological and emotional impacts of virtual interactions.
The role of consent mechanisms in the Metaverse has been highlighted as a paramount concern. Clear protocols for obtaining affirmative consent in virtual interactions are necessary to protect users from unwanted experiences. This involves educating users on norms and etiquette within the Metaverse and equipping them with tools to control their interactions, like the “Personal Boundary” feature introduced by Meta. The global nature of the Metaverse poses significant jurisdictional challenges, necessitating international cooperation and the establishment of a common legal framework. This framework should address key issues such as consent, anonymity, and financial transactions, ensuring consistent border regulation. Lifting the anonymity veil in the Metaverse is another critical aspect that requires attention. Implementing mechanisms for user authentication through real-world identifiers could mitigate accountability issues, but this raises concerns about data protection and user privacy. Therefore, platforms need to balance user verification with the ethical handling of sensitive information.
Furthermore, this article emphasises the evolving role of Metaverse platforms. These platforms can no longer be regarded as mere intermediaries; they must actively participate in content regulation and user safety. This shift in responsibility suggests that platforms will need to develop robust moderation systems and contribute to creating a safe virtual environment. We argue that the journey towards regulating the Metaverse is multi-dimensional, requiring concerted efforts from lawmakers, technologists, and users. The legal framework for the Metaverse needs to be dynamic, adapting to its evolving nature while upholding the principles of safety, respect, and accountability. This study provides an analytical and comprehensive foundation for these efforts, offering insights and recommendations that can guide future legal and regulatory approaches in this novel digital frontier.

Author Contributions

Conceptualization, S.B., M.C., and K.-S.C.; methodology, S.B., M.C., and K.-S.C.; formal analysis, S.B., M.C., and K.-S.C.; investigation, S.B., M.C., and K.-S.C.; resources, S.B., M.C., and K.-S.C.; data curation, S.B., M.C., and K.-S.C.; writing—S.B., M.C., and K.-S.C.; writing—S.B., M.C., and K.-S.C.; project, S.B., M.C., and K.-S.C.; funding acquisition, S.B., M.C., and K.-S.C. All authors have read and agreed to the published version of the manuscript.

Funding

This research was funded by Naif Arab University for Security Sciences under Grant No. NAUSS-23-R03.

Data Availability Statement

The data supporting the findings of this study are available from the authors upon reasonable request.

Acknowledgments

The authors are grateful to the Vice-Presidency for Scientific Research at Naif Arab University for Security Sciences for encouraging this work. Additionally, they thank Kunika Agarwal from NUJS for her valuable research assistance.

Conflicts of Interest

The authors declare no conflict of interest.

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1
We will discuss this later on in the paper.
2
Dolan (2022, p. 44) (also refer to the example of Project Cambria, which imitates real-world virtual social settings).
3
Section 121(2), Child Pornography Prevention Act 1996.
4
See Footnote 3.
5
Ashcroft v Free Speech Coalition 535 U.S. 234 (2002) (‘Ashcroft’). https://supreme.justia.com/cases/federal/us/535/234/ Accessed on 16 February 2024.
6
Ashcroft v Free Speech Coalition 535 U.S. 234 (2002) (‘Ashcroft’). https://supreme.justia.com/cases/federal/us/535/234/ Accessed on 16 February 2023.
7
Ashcroft v Free Speech Coalition 535 U.S. 234 (2002) (‘Ashcroft’), p. 253.
8
Ashcroft v Free Speech Coalition 535 U.S. 234 (2002) (‘Ashcroft’), p. 244.
9
Child pornography is defined as any visual depiction of sexually explicit conduct that includes the following: (a) a minor, (b) a digital or computer image that is "indistinguishable" from that of a real minor, or (c) an image which has been created or modified to appear to be that of an "identifiable minor" engaging in sexually explicit conduct (18 U.S.C. § 2256(8)).
10
S. 653.2 of the California Penal Code.
11
See Footnote 10.
12
Section 230(c)(2), Communications Decency Act, 1996.
13
The Act is still subject to formal approval as of June 2023.
14
Seo Ji-hyun, head of the Ministry of Justice’s digital sex crime task force, revealed at a recent debate (the exact source of this could not be located. It appears that there is no documented record of the event available publicly, so the news report is the only source for this).
15
See Footnote 14.
16
MSIT (under Practical Principle 4: Respect for Privacy).
17
Translation from the actual text as provided by Korea Legislation Research Institute (https://elaw.klri.re.kr/eng_service/lawView.do?hseq=40947&lang=ENG). Accessed on 16 February 2024.
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