IECL Seminar Series

Property Law for Various Intagible Assets in Swedish Law

Seminar by Assoc. Prof. Emil Elgebrant

Understanding Civil Liability in Immersive Digital Worlds

Seminar by Dr Lorena Arismendy Mengual

While virtual interactions are not new in modern society, they are gaining significant relevance with the emergence of the Metaverse and its immersive experiences facilitated by avatars (digital twins) in the digital realm. Therefore, an argument for the importance of comprehending the legal implications of actions carried out by or through avatars has risen.

An important aspect of this discussion revolves around the potential recognition of legal personhood for avatars, which would confer upon them certain rights and responsibilities. Evaluating existing legal frameworks alongside new regulatory trends is essential for addressing the complexities of assigning responsibility on online platforms.

The role of avatars as conduits for user interactions in virtual spaces poses challenging questions about the applicability of existing national civil liability laws. Some pertinent issues should, therefore, be addressed:

1. Can avatars commit torts independently rather than merely facilitating them? Regulatory suggestions range from holding users directly accountable for non-autonomous actions to establishing liability frameworks comparable to products liability or vicarious liability. However, implementing such regulations faces numerous challenges, including privacy concerns and ethical considerations, notwithstanding the potential impact of current European Commission proposals on non-contractual liability rules for Artificial Intelligence agents.
2. While certain wrongs (e.g., physical harm like killing or bodily injuries) cannot be commited through avatars, other transgressions such as sexual harassment, verbal abuse, copyright infringement, or identity theft demonstrate that harmful actions can transcend physicality within virtual environments. Both legal and sociological perspectives support the genuine impact of harmful behavior on Metaverse users.
3. The use of avatars complicates the process for victims to identify and hold liable parties accountable, particularly under fault-based liability regimes requiring proof of causality or fault. Is there a necessity to establish no-fault liability rules for claims against Metaverse operators, or to mandate users to carry insurance for their virtual personas, as suggested by the European Parliament for certain AI systems?

By confronting emerging challenges and harmonizing traditional legal doctrines with contemporary digital realities, legal systems may promote innovation while ensuring fair and transparent resolutions for virtual interactions.