Liability for Wrongful Behaviour in the Metaverse

Abstract

Although the Metaverse presents various potential legal issues including cybersecurity problems, jurisdictional conundrums, an obscure characterization of digital property, and personal data protection just to name a few. This paper specifically focuses on those issues arising from avatar misconduct in online virtual worlds. It is argued that harm suffered by a person may be caused by or through an avatar and that this argument hinges on whether avatars are recognised as legal persons and the lack of said recognition. Currently, avatars do not have legal personhood, making it an essential task to identify a liable party, prove harm and causation, and establish a basis for imputation to successfully bring a claim for compensation before national courts of Law. These issues must be addressed under existing regulations, highlighting the need for new approaches to handle these situations effectively when adequate. Civil liability for tortious conduct is examined under civil law systems to shed some light on whether actions by or through avatars in online virtual environments can be translated into this framework, leading to the enforceable legal consequence that is compensation for harm suffered.