By Arshya Wadhwa 

Abstract

The metaverse, a virtual reality space for social interactions, mirrors real-world inequalities and crimes, particularly gender-based violence. A range of crimes from virtual sexual harassment to virtual rape is no more just cyberbullying but a rather heeded incident given the immersion involved in virtual reality. Technologies are often unregulated when developed and put in the public domain, however, regulating such technologies is necessary especially when the marginalised are targeted for certain identity based crimes. A collaborative effort must be made between policymakers, law enforcement agencies and human rights scholars by probably using metadata as a segway. 

Introduction 

Living in a world where virtual reality is the newest entertaining force seeping into the conscience of individuals ranging from teenagers to children to adults has all together given rise to a new set of dark repercussions. The Metaverse is a virtual reality world wherein social interactions take place in a virtual reality set-up. Individuals herein represent themselves as avatars in order to interact with other avatars. These avatars then play games together or simply explore the virtual space. However, the imitation of a physical world in a virtual world also unfortunately leads to the imitation of the crimes that occur  in the physical world sowing their seeds in the virtual world. Therefore, the Metaverse is reportedly a place where a number of crimes in the nature of sexual violence against specific genders takes place. The technological progress even in terms of entertainment has eroded the metaverse which could have or could not have been foreseen. Regardless, given the speed at which technology is advancing, regulating the cons that come along with it is extremely crucial There have been multiple incidents wherein crimes against women and children specifically in the virtual reality world have been reported to have happened. For instance, a user during the Meta Horizon beta testing was virtually raped by a group of male avatar users. Such similar instances have been reported, but it has been challenging to devise a method which could solve this issue permeating through the virtual realm. 

Intricate Challenges in the ‘Criminal’ Metaverse 

The Metaverse is a place which has redefined the idea of how social interactions in cyberspace can take place. The immersive experience involved in the metaverse world through the advent of virtual reality (hereinafter referred to as “VR”) has led to a number of difficulties mirroring the physical world. Since the idea behind the metaverse was to set up a virtual world mirroring the interactions of the physical world, to what extent can such a virtual world escape the atrocities which tag along within the “real” world? This is an important issue to address for a multitude of reasons. An instance took place in October 2016 where a girl was groped virtually by a stranger on Horizon Worlds. Another instance was reported in which a sixteen year old girl’s avatar was virtually gang-raped by avatars of strangers online in a virtual video game. The Metaverse is a world set up by the parent company, Meta that owns social media platforms like facebook and instagram. Nonetheless, in the latter case aforementioned, the UK police considered the victim’s suffering to be of psychological and not physical in nature. This is one usual dilemma that has been in discourse whilst considering the fate of the victims who fall within the ambit of virtual crimes. It is usually presumed that the harm through virtual crimes is only psychological or non-physical in nature. 

To some extent, be that as it may, this approach might absolve the user criminal behind the avatar of his actual intentions of committing such a harm in the first place. The only difference is that the actus reus (the act of committing the crime) in such a case is virtual in nature rather than happening in the physical world. Nevertheless, the mens rea (the intention of committing the crime) is pretty much prevalent. This grey area provokes dual approaches of understanding the intricacy of this issue and to what extent can the criminal in this case be held liable. Given the technological advancements, it nonetheless becomes difficult to prevent such crimes, as the users are spread worldwide and there is no territorial restriction once the users enter the metaverse as avatars. Thus, one other issue that stems out of the challenging atmosphere of the virtual world is the jurisdiction. 

he challenging part is the discovery of the user from behind the cloak of the avatar and even if the user is discovered, it becomes difficult to locate such a person as identity thefts are also common in the metaverse. The metaverse is not devoid of its multiverse of criminal activities and ultimately, the effect of the same might be disproportionately suffered by marginalised genders. A world where cyberspace anyway suffers from technologically driven crimes such as deepfakes, non-consensual sharing of pornography, sextortion, and online harassment, the virtual world would enhance these experiences given the immersion involved in it. Jurisdiction makes it harder to locate the perpetrators of the crime. However, even when the perpetrator is located and they belong to a different country, the ways in which a victim is supposed to get justice and which country’s law would apply becomes a larger issue to deal with. Usually developers of technology deal with its inconsistencies and conundrums once the development is made rather than taking precursory measures in order to prevent the forthcoming atrocities. A possible solution to the jurisdiction issue is to form an internationally stable “meta jurisdiction” which would make such virtual crimes come under the ambit of human rights as peremptory norms and ensure a universal application across nations to avoid confusions within national laws. The permeation of national laws will be inevitable given the optional nature of international principles to be adopted by countries but the change could facilitate a segway from archaic laws to a newer framework encompassing a digital world wherein the accountability of such crimes is not limited to just states, but other stakeholders as well such as users and corporations that allow these abhorrent crimes to surpass without proper punitive mechanisms. 

The Gendered Angle in Virtual Crimes 

Cyber crimes faced by women  are hardly a novel occurrence and in India this is becoming a rapidly growing problem. One of the views, as discussed above, is to separate the physical from the virtual when it comes to such crimes. However, gendered violence especially one which is sexual in nature, has been prevalent across borders, making it a root cause for all kinds of crimes which harm individuals based on their genders, hence establishing a power play. The same power dynamic is established through the virtual world as well when a user attempts to hide behind technology, using it as an ‘innovative’ way  to sexual assault. Sometimes, this novel avenue is used as an excuse by the male perpetrators as a play within the virtual world world to absolve them of the responsibility, accountability and penance hiding behind the screens and look-alike avatars. The problem of identity based crimes is still persistent and must be acknowledged before devising regulatory mechanisms. The individuals at the suffering end of such crimes have their Fundamental Rights at stake which involves their physical autonomy, privacy, dignity, sexual autonomy, mental being, and physical well being. 

One more important thing that can be understood through this gendered angle  of criminal activities in virtual spaces, is the constant exclusion of marginalised individuals in spaces where they hope to feel safer given their actual identity is hidden. One expects such virtual spaces to be relatively more free but the mirroring aspect of the physical world has enforced the same atrocious physical world aspects seeping into the virtual space as well. The issue of accessibility by women and other minorities on such platforms becomes more challenging, restrictive and cumbersome. Moreover, the suffering should not be limited to just psychological aspects, as the immersive experience can be intense enough for the victims to feel what they experience virtually. This harms their integrity online making it harder for entering such spaces in the first place. The lack of legislations and policy decisions on this issue marks the relevance of addressing its exigency and long- term solutions to be developed. 

The Metadata Way: A Probable Solution

Although the UK has attempted to solve the problem through enacting a legislation called the Online Safety Act, there have been measures taken by Meta such as establishing safety zones wherein the victim or the potential victim can enter a safety bubble and prevent such actions from further taking place. Both the attempts might be inadequate to deal with the problem at hand. The former has some coverage of VR harms but does not encompass the different types of crimes that go around the metaverse such as contact harms, cyber bullying, sexual harassment and so on. The latter herein is an inefficient solution bordering victim blaming wherein the onus is on the victim to save themselves and the systemic issue of deep rooted misogyny is left unaddressed. One unexplored method that can be used as a means to reach an end is metadata. Metadata, which must be viewed as equally  important as data in itself, is the additional embedded information within the data. Metadata can be considered as the provenance of the data which means it traces the data’s origin, lineage and nature. Using the metadata feature wisely, law enforcements, policy makers and technological developers could help in bridging the gap between the virtual and physical world in order to solve and investigate the metaverse crimes with relative ease. Metadata ensures datasets are discoverable, unique, and reusable by offering context, such as themes, keywords, units, and licensing conditions. It enables interoperability, reliability, and ease of comparison across systems, aiding humans and AI in decision-making. It supports data governance, quality, and collaboration, ensuring compliance and longevity. Metadata can be descriptive (e.g., creator, name), structural (e.g., format), administrative (e.g., rights), or relational (e.g., links to other datasets), making it essential for effective data sharing, understanding, and reuse. 

Thus, it can play a pivotal role in solving crimes in the Metaverse by providing critical digital footprints. Timestamped metadata can establish detailed timelines of incidents, offering clarity on when and how crimes occurred. Context is another key element, as metadata from chat logs and/or audio communications can verify claims of harassment or abuse, demonstrating intent and proximity. It can also help  in tracking repeat offenders by linking multiple incidents to the same user, even if they alter avatars or usernames. This can also help in cases where identity thefts in cyber spaces are common occurrences. Additionally, metadata helps resolve jurisdictional challenges by pinpointing user locations determining applicable laws for cross-border cases. By leveraging metadata, a robust framework which promotes accountability and transparency can be achieved, given it is used by the enforcement holders in a genuine manner. In India the Information Technology Act, 2000, the Bharatiya Nyay Sanhita, 2023 is outdated to deal with the propensity of the threshold presented in metaverse crimes. Either the pre-existing laws need to be thoroughly revised or a newer framework, both internationally and nationally, must be developed to include all sets of possibilities. Nonetheless, it is pertinent to have individuals from all scholarly backgrounds, including human rights activists, to provide relevant suggestions before legislations and bills for the same are proposed. 

Conclusion 

Crimes in virtual spaces such as identity-based violence, disproportionately affect women and marginalized communities. These acts not only impact  a person’s psychological well – being, but are a manifestation of the gruesome intentions to ruin someone’s physical well security and dignity. A gender-centric approach must be central to any future legal frameworks, emphasizing prevention, accountability, and justice while ensuring that the onus of protection does not fall solely on victims. Moreover, metadata can bridge the gap between virtual and physical worlds, enabling precise tracking of offenders, linking incidents, and resolving jurisdictional challenges. India’s outdated laws, such as the IT Act and BNS, require urgent revision or a new framework to address the unique challenges of the Metaverse. Globally, a meta-jurisdiction anchored in universal human rights principles could ensure consistency in addressing virtual crimes. Tech corporations like Meta must also take responsibility, implementing systemic changes to prevent harm rather than relying on victim-centered solutions. Collaboration between policymakers, human rights activists, technologists, and legal scholars, is essential to craft holistic solutions. The metaverse, as a digital frontier, must not replicate the power dynamics and violence of the physical world; instead, it should strive to create a safe, and inclusive space for all individuals, irrespective of their identity.

About the Author:

Arshya is a 2nd Year LL.B (Hons.) student at O.P. Jindal Global University. She is passionate about intellectual property rights, intersectional feminism, technology law and ethics and family law. Additionally, she adores reading books and is an avid supporter and enthusiast of standup comedy. She is also a very passionate yoga practitioner. 

Image Source: https://www.devdiscourse.com/article/technology/3034900-the-dark-side-of-the-metaverse-unpacking-metacrimes