Whether operators of virtual environments can be held liable for actions within those environments that violate human dignity in particularly contemptuous and degrading behaviour?

Abstract

Rapid technological developments are shaping the everyday experience and introducing new regulatory concerns. Virtual environments, including virtual, augmented, and mixed realities, and the metaverse, create spaces where their users have highly immersive experiences that may interfere with their fundamental human rights, including human dignity. Since operators of virtual environments can control these environments, this article examines whether current regulatory frameworks establish liability of operators of virtual environments and whether those frameworks are effective in addressing behaviour within such an environment that is offensive to human dignity in contemptible and degrading behaviour.

To resolve the problem statement set out above, the article primarily focuses on an overview of risks posed by technological advancement, and corresponding legislative responses to the technological evolution. It further sets out the chosen methodology, systematic literature review, displays it step by step, and presents qualitative data. Consequently, it analyses academic discussions to evaluate the efficiency of current legislative frameworks addressing operators’ liability for violations of human dignity in a contemptuous and degrading way and to provide recommendations.

Considering the systematic literature review findings, it may be concluded that the Digital Services Act addresses operators’ liability for actions that violate human dignity in a contemptuous and degrading way; however, it is not capable of assigning liability to operators of smaller advanced environments. Therefore, it is recommended to complement it with a separate category applicable to operators of all virtual environments where proactive measures would be enshrined, similar to the ones designed for bigger virtual environments, i.e. enhanced due diligence obligations and establishment of risk assessments whereby higher risks would be assigned to smaller and/or decentralised virtual environments.