Trespass to the ‘person' in the metaverse

Abstract

The term ‘metaverse’ refers to a varied collection of internet-based virtual reality worlds in which, amongst other things, users across the globe can collaborate, socialise, trade, play games, access entertainment, or even work. Increasingly, technological innovations, such as high-resolution headsets and sensory (or ‘haptic’) clothing, are closing the experiential gap between such virtual environments and the ‘actual’ world, and broadening the scope of daily activities that the former can accommodate. Whilst this clearly presents opportunities, it also raises questions about the suitability and efficacy of existing legal rules for regulating user conduct within these platforms. Using English law as a case study, this paper specifically considers the various torts commonly referred to under the umbrella term of ‘trespass to the person’, evaluating the extent of their applicability within this novel context, and thereby illuminating issues that might, in time, require intervention from law and policy makers both within the case study context and beyond. It is argued that, as the qualitative difference between physical contact in the actual world and virtual contact in the metaverse becomes smaller, it will become increasingly difficult to justify applying the torts of trespass to the person differently in each context.