In the evolving landscape of technology, the metaverse, a virtual space, is swiftly emerging as a foundation of our digital reality. This captivating virtual space allows users to engage with computer-generated environments and fosters incredible possibilities for socializing, unleashing creativity, and providing new dimensions of entertainment. It marks a transformative shift in how we experience and interact with the digital realm. However, like any space where people gather, the metaverse is not immune to challenges, and a notable concern is the occurrence of sexual harassment within its digital domains.
What is the Metaverse?
The Metaverse is a platform providing digital experiences as an alternative to or a replica of the real world. It combines virtual reality and augmented reality, creating a dynamic, open and interoperable space, much like the Internet but in 3D. It was founded on a bedrock of blockchain technology. Within the metaverse, you can find virtual worlds, social platforms, and immersive gaming environments.
The unique dynamics of the metaverse bring challenges when it comes to dealing with sexual harassment. The anonymity provided by virtual avatars, the absence of physical proximity, and the digital nature of interactions can amplify instances of harassment.
Legal Challenges of Sexual Harassment in Metaverse
Sexual harassment in the metaverse can be rooted in various factors, often mirroring some of the issues seen in the physical world.
The ability to stay anonymous using virtual avatars and online personas makes improper conduct more probable, acting as a shield against immediate real-world consequences. This sense of anonymity leads to a situation where identifying the harasser becomes difficult, contributing to an environment where sexual harassment becomes more prevalent. Furthermore, if the harasser’s identity is concealed by the virtual environment, it becomes challenging for victims to pursue legal action against them.
Secondly, proving the gravity and impact of virtual harassment becomes challenging. Courts and legal systems are accustomed to dealing with physical proximity cases, and the virtual nature of the metaverse might create skepticism about the seriousness of the alleged harassment.
Lastly, individuals may perceive the metaverse as a realm wherein actions do not yield identical consequences as in the tangible world. Such perceptions may engender a deficit in comprehending the emotional repercussions of harassment, as users might not fully discern the harm it can inflict upon others. Ascertaining the emotional distress inflicted by virtual harassment poses a formidable challenge. Courts may encounter difficulties in evaluating the magnitude of harm and may scrutinize the legitimacy of claims when the repercussions are construed as less tangible than those occurring in the physical realm.
Laws against sexual harassment in the metaverse:
In the global context, the United Nations Human Rights Council, in 2012, affirmed that freedom of expression on the internet is a basic human right which implies that the rights of an individual existing offline must also be protected online.
In India, the right to privacy is a fundamental right under Article 21 of the Constitution[1] and therefore, one’s privacy in cyberspace also must be safeguarded as in the case of privacy in a general sense. Although we don’t have specific laws addressing sexual harassment in the metaverse, victims of sexual harassment in India may find protection under existing laws that deal with online harassment, privacy, and discrimination. The laws in this context include:
- Information Technology Act, 2000 (the “IT Act”)
The IT Act has extraterritorial applicability, meaning it can apply to actions committed outside India by any individual if the conduct involves a computer located within India, regardless of nationality. This suggests that the IT Act could potentially be relevant to employees in the metaverse, regardless of their global location or nationality, as long as the device involved in the conduct can be traced back to India.
- Section 67: Under the IT Act, Section 67 deals with the punishment for publishing or transmitting obscene material in electronic form. Thus, if any interaction in the metaverse involve the transmission or dissemination of explicit and offensive content, the aggrieved person can invoke this Section as a recourse for justice.
- Section 66C (Identity theft): Section 66C punishes any person who, fraudulently or dishonestly make use of any unique identification feature of any other person. Thus, this Section becomes relevant against any the harasser in case the act of sexual harassment involves the unauthorized use of a person’s digital identity within the metaverse.
- The Digital Personal Data Protection Act, 2023
India’s new Digital Personal Data Protection Act, 2023 (the “DPDPA”) establishes crucial guidelines for data collection and protection within intermediaries, including the metaverse. For instance, the DPDPA’s consent collection mandate[2] may also cover avatars, interactions, and other information in the metaverse, to prevent misuse. The DPDPA’s data protection principles, encompassing purpose limitation[3], data minimization[4], storage limitation[5], etc. guide responsible data processing in the metaverse. Furthermore, the enforcement of several data security compliance measures[6], such as encryption and access controls, are applicable to the metaverse, which will also enable the prevention of unauthorized access and misuse. Lastly, in the event of a data breach, the DPDPA mandates timely notification and remediation, with a grievance redressal mechanism provided for individuals[7].
Additionally, metaverse platforms can enhance preventive measures against sexual harassment through clear safe space policies, confidential reporting mechanisms, user education, real-time moderation, and technological solutions like personal boundaries and avatar filters. These comprehensive efforts aim to foster a safer and more inclusive metaverse environment, promoting a positive user experience while minimizing the risk of sexual harassment.
Digitalization of Women Welfare Laws:
Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (the “POSH Act”)
The POSH Act serves as a safeguard for female employees, offering protection against sexual harassment within the workplace. The POSH Act defines ‘sexual harassment’[8] comprehensively, encompassing verbal and non-verbal conduct, in addition to physical actions. The term ‘workplace’ is expansively defined, incorporating any location visited by the employee in the course of employment. In light of this, it can be argued that the metaverse qualifies as a ‘workplace’[9], making female employees in the metaverse eligible for protection under the POSH Act.
In the case of Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University[10], the Bombay High Court interpreted the definition of ‘workplace’ and observed that the same should be inclusive and non-exhaustive since the parliament intends to protect women from all kinds of sexual harassment, hence, the legislation is open for further interpretation.
Further, in the case of Sanjeev Mishra v. Disciplinary Authority and General Manager, Bank[11], the High Court of Rajasthan after analysing the facts and circumstances of the case endeavored to include virtual workspaces within the ambit of ‘workplace’.
Section 19 of the POSH Act mandates employers to provide a mechanism for redressal, ensuring a prompt and fair resolution for victims of sexual harassment in the workplace, which, in this context, extends to the metaverse and online gaming environments.
Hence, in the event of sexual harassment occurring in such a scenario, both the metaverse and the gaming company could be held liable for providing the victim with an effective redressal mechanism under Section 19 of the POSH Act.
This implies that both entities, acting as platforms or facilitators for online interactions, may share responsibility in addressing and resolving cases of sexual harassment that occur within their virtual spaces.
Conclusion
As the metaverse continues to evolve, addressing sexual harassment within its digital realms is paramount to creating a safe and inclusive space for users. Key strategies including the establishment and enforcement of clear policies along with codes of conduct to delineate acceptable behavior are required. A reporting mechanism is crucial, by employing user-friendly tools to empower individuals to easily report incidents.
Educational initiatives play a pivotal role, in creating resources to enlighten users about harassment in the metaverse and fostering awareness. Legal considerations demand compliance with relevant laws governing virtual spaces, incorporating legal consequences for perpetrators to deter such behavior. By addressing these foundational aspects, developers and users can collaborate to shape a virtual environment that is not only technologically advanced but also respectful and inclusive.
[1] Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors. (2017) (W.P. no.494/2012; (2017) 10 SCC 1; AIR 2017 SC 4161.
[2] Section 6, the Digital Personal Data Protection Act, 2023.
[3] Section 4, the Digital Personal Data Protection Act, 2023.
[4] Section 6(1), the Digital Personal Data Protection Act, 2023.
[5] Section 37, the Digital Personal Data Protection Act, 2023.
[6] Section 8(4), the Digital Personal Data Protection Act, 2023.
[7] Section 8(10), the Digital Personal Data Protection Act, 2023.
[8] Section 2(n), the Protection of Women from Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
[9] Section 2(o), Protection of Women from Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
[10] Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University, ¶15, (W.P. no.3449/2013).
[11] Sanjeev Mishra v. Disciplinary Authority and General Manager, Bank, ¶17, (W.P. no.150/2021).