Is India’s legal framework ready to deal with sexual violence in virtual reality?

Shruti Shreya from The Dialogue says that policy-based measures and recourses are necessary to regulate virtual spaces. 

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COULD simulation of real-life offences in virtual reality be penalised?

Recently, a minor girl in the United Kingdom (UK) alleged a 'gang-rape' of her digital avatar by other digitial avatars while she was playing a video game on Meta's Metaverse.

Police are now investigating this first-ever case of virtual 'rape' in the country.

A similar incident happened in 2007 when a female user of the online virtual platform Second Life alleged virtual rape. When she informed the Belgium police, a Brussels court decided to work together with the Federal Computer Crime Unit to patrol in Second Life.

In 2016, the digital avatar of a female user was allegedly groped and chased around by the digital avatars of a bunch of ruffians.

In 2022, another female user complained that her digital avatar was gang-raped by a group of three–four persons and they even took photos of her within sixty seconds of joining Meta's (formally Facebook) Metaverse platform Horizon Venues.

What is virtual reality?

Virtual reality (VR) is an internet simulation of reality. It is best experienced through virtual headsets that create a deeper immersion in the virtual world.

Metaverse is one of the largest platforms of virtual reality, created by the social media giant Meta. The platform hosts more than 400 million users, who interact in real-time through their avatars which mimic and simulate real-life human bodies and characteristics.

The users have the freedom to customise their avatars. However, the virtual avatars may or may not be inspired by the physical appearance of the user.

Do we need laws to protect virtual reality?

There is a growing consensus on the need for laws regulating virtual reality because of the possibilities of real-life consequences.

Most of the platforms have inbuilt features that protect users from harassment and other kind of possible abuses faced by avatars. On Metaverse platforms such as Horizon Venues, there are safety tools for users such as an option to block and report avatars.

Meta's Horizon features a 'safe zone' where users can activate a bubble around their avatar if they feel threatened.

Apart from that, Meta has introduced 'hand harassment measures' where an avatar's hand would disappear if they invaded someone's personal space.

However, Shruti Shreya, a senior programme manager for the platform regulation and gender and technological verticals at The Dialogue, a policy think-tank, says that while solutions provided by virtual reality platforms are non-negotiable, we need some additional policy-level protection.

She said that these tech-based innovations must be complemented by policy-level solutions that are guided by principles taking into consideration that they do not curb innovation.

Shreya explained that instances of sexual violence in virtual reality have serious consequences in real life. For instance, in the UK case, the minor suffered from psychological harm after being virtually gang-raped.

In this regard, she added: "Because of the way social media and the internet are integrated in real lives, the things that happen on virtual platforms no longer just remain there. It has direct implications and direct impact on social, emotional and physical wellbeing."

The Leaflet asked if the possibility of psychological harm could be the standard to extend laws that are usually applicable in cases where physical harm is caused.

Shruti answered that the two concepts are different but not unrelated. She says that to address the psychological harm caused in virtual reality, the law needs to evolve to respond to the 'new-age crimes'.

Could real-life laws be extended to virtual reality?

While in the real world, criminal laws consider the human body to be inviolable, existing laws may not be ready to apply the same standard to digital avatars.

The Information Technology Act, 2000 (IT Act) regulates specific cyber crimes such as cyber theft. Whereas, the Indian Penal Code, 1860 (IPC) could be extended to cases of cyberstalking. However, these laws cannot be invoked in cases of simulation of real-life criminal offences taking place in virtual reality.

Shreya told The Leaflet that as of now, there is no possibility of extending IPC to virtual reality because the penal code is only applicable to living persons and digital avatars are not considered living persons.

The Bharatiya Nyaya (Second) Sanhita, 2023, which would soon replace IPC, will also not be applicable because the law continues to define offences in the traditional sense.

As for the IT Act, Shreya said that there are no direct references to digital avatars in the legislation. However, certain provisions of the IT Act such as acts violating the privacy of other avatars by intentionally or knowingly capturing, publishing or transmitting the image of a private area of any avatar without their consent would amount to a violation of Section 66E (punishment for violation of privacy).

Other provisions of the IT Act that could be made applicable to instances happening in virtual reality are Sections 66C (punishment for identity theft), 67 (punishment for publishing or transmitting obscene material in electronic form), 67A (punishment for publishing or transmitting of material containing sexually explicit act, etc.,) and 67B (punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form).

Shreya added that these provisions could only be applicable when digital avatars are considered an extension of a living person's identity.

In India, the right to privacy is recognised as a fundamental right in Justice K.S. Puttaswamy (Retd.) Anr versus Union of India & Ors (2017). Now, this right is regulated through the Digital Personal Data Protection Act, 2023.

Shreya pointed out that the Digital Personal Data Protection Act could also be considered in cases where the privacy of the digital avatar is breached.

The proposed Digital India Act, 2023 is meant to replace the IT Act.

Shreya told The Leaflet that some clarity may be provided on virtual reality offences when the Digital India Act becomes legislation because the enactment provides a framework for addressing the issue of online safety.