In the present era, the identities of individuals are rapidly transforming by using the technologies and digital platforms such as Artificial Intelligence, machine learning, Virtual Reality and the Metaverse. Earlier, human interaction was limited to the physical world where they were part of society, they formed relations, solemnised marriages, purchased property, enjoyed going to clubs, hotels, etc. Presently, in this technological era, humans are limited to their digital devices but open to the cyber world and several digital platforms.
Now they can find friends or life partners on digital platforms, use this platform to get married, buy property, for business and to enjoy social activities by using Metaverse or virtual reality and by creating their Avatars. They are no longer confined to physical limits. They use these platforms for communication, financial transactions and expressing themselves.
In 2024, there was a case of a minor girl in the UK where her avatar was gang-raped in a virtual reality gaming platform by a group of strangers. Although there was no physical contact between the victim and the offenders, the victim suffered psychological trauma similar to physical assault. Now the question is, “Are these avatars held liable for their act or do they have any legal personality?” Some of the top law colleges in Nashik are training future lawyers to effectively navigate this question.
What is Legal Personality in India
Legal personality is the recognition given by law that makes the entities capable of possessing their rights and duties. Human beings are the natural entities, while entities such as companies, trusts, institutions, and societies are recognised as artificial personalities. In fact, the Indian law recognised the idols, deities, and rivers as legal persons for some specific reason. The notion is not stable to this alone. The concept is continuously changing with the development of society. Therefore, the representatives of human beings as Avatars open a new discussion before lawmakers on whether they can be considered as legal persons or will be responsible for their activities.
Concept and Status of Avatars in India
In Indian society the word “Avtar” is not new. In Hindu Dharma, an Avatar is related to God. It is believed that God takes an avatar on this earth to save Dharma from evil from time to time such as Vishnu in Vaman Avtar. It is also said that God will come on earth in the avatar of Kalki in Kalyug to protect the earth, humanity and dharma. In the digital world, Avatars are the digital shadow or representative of a human being by which an individual enters the digital world and commits different activities, such as business meetings, selling and purchasing digital assets, and participating in social activities. Beyond this, some criminal activities such as fraud, defamation, harassment etc. may also be committed by offenders by using the metaverse or virtual reality.
Modern AI technology has made these avatars more powerful, as some avatars can communicate or respond automatically without human command. In some scenarios, it is good and convenient for human beings but in some situations, it is worrisome as crime can be committed easily, and the question is who will be responsible for that? Human beings or the avatar and who will be punished and how?
Indian Law does not recognise an avatar as it does not consider it a person. As per Indian Law, the definition of a person is broader. Indian law recognises two types of persons. First natural persons who possess rights and duties by birth. Second, juristic or artificial persons such as companies, institutions, societies, rivers, Hindu idols, universities etc., which are non-human entities and recognised by law and provided with some rights and duties.
In fact, avatars do not possess any independent legal status or personhood globally. They are legally considered an extension of human beings. Simply, it can be said that a human being is directly responsible for the actions of his digital image i.e. avatar and similar to the rights and duties in the digital world. Because avatars are not considered as separate entities so whatever damage is caused by the actions of avatars in the metaverse, the human operator will be held liable.
Crimes such as virtual theft, identity theft, sexual harassment or any other action treated as an offence in the real world, whether civil or criminal, may also face similar legal repercussions when committed in the cyber world. Although these crimes are committed in a digital environment and there are no special laws for their prevention, existing laws will be applied in cases of cybercrimes, cyber defamation, online sexual harassment, online fraud, data misuse, etc.
The problem arises when advanced AI comes into the picture, as in this scenario, the AI can take action without any human interference through machine learning. In this scenario, who will be responsible for the criminal act – AI or a human being? As per my opinion and existing Indian laws, the human operator will be held liable under the principles of absolute liability mentioned in the Law of Torts and other existing laws.
Laws in India
The Information Technology Act, 2000 deals with electronic communication, electronic signatures, hacking, unauthorised access, cyber offences, identity theft, data theft, and misconduct. Although IT Act does not recognise the term avatar, if any of the crime is committed through an avatar in the metaverse, the human operator who is operating it behind the digital identity will be found guilty.
Similarly, the Data Protection Act, 2023 mentions the legal provisions related to data protection, user consent, privacy provisions and obligations on intermediaries which are connected to the activities, data processing, financial transactions and digital interactions on the metaverse.
To protect the individuals from the aforesaid crimes, Interpol has also taken some necessary steps. Firstly, INTERPOL established the world’s first “Police Metaverse Platform” and also constituted an external group to address metaverse-related crimes. In India, the Kerala police have started using the metaverse for recreation of crime scenes in collaboration with a group of students from IIT, Kottayam.
However, Indian law is always open and flexible to recognise the non-human entities as juristic persons. In the case of Pramatha Nath Mullick v. Pradyumna Kumar Mullick, the Apex court recognised Hindu idols as juristic persons who are capable of holding property and rights through a custodian. While in 2018, the Sabarimala case, the Apex court clarified that the Hindu deity or idols have juristic rights, not any fundamental rights.
Conclusion
Indian laws may accept the concept of an avatar in the metaverse or digital atmosphere in future. The only need is to control and monitor AI, as it has the power to rule us and enslave us. However, it is needed to enact stronger and more comprehensive laws to protect users from metaverse and virtual reality crimes while spreading awareness in public for safe and responsible use of this emerging technology. You can gain the skills and knowledge to navigate this legal conundrum by pursuing a law degree from some of the top law colleges in Maharashtra.