AI-Powered Justice: Safeguarding Against Sexual Offenses In The Metaverse

Remarkable statistics indicate a substantial increase in Metaverse's user base, climbing from 400 in 2023 to 600 million in 2024, with projections painting a picture of continued exponential growth in the years ahead. According to insightful forecasts by Statista, the metaverse is poised to welcome a staggering 2.63 billion users by 2030. Amidst this burgeoning landscape, a notable concern emerges: a significant portion of metaverse enthusiasts, which is 51% all around the world, are under the tender age of 13, as per the 2024 data. This demographic revelation underscores the urgent need for a nuanced approach to digital safety and literacy.

In the case of State of West Bengal v. Animesh Boxi, the court convicted the accused under various sections of the IPC and IT Act recognizing that the victim endured not only online stalking but also suffered from 'virtual rape' each time the video uploaded by the accused was viewed on an openly accessible global website. Referencing Justice Stephen Breyer's words from the US Supreme Court, the court emphasized the necessity for a judicial system that embraces scientific advancements.

"In this age of science, science should expect to find a warm welcome, perhaps a permanent home, in our courtrooms… Our decisions should reflect a proper scientific and technical understanding so that the law can respond to the needs of the public."

It is imperative to ensure that legal frameworks evolve in tandem with technological progress to effectively address emerging challenges. Thus, it is essential to delve into these pressing concerns, shedding light on the multifaceted landscape of the metaverse, the imperative need for thoughtful responses in the face of unprecedented technological evolution, and the confluence of AI for addressing the challenge.

Metaverse Dynamics and Sexual Harassment

The Metaverse is no longer confined to the realm of science but is slowly transitioning into a tangible reality. The term "Metaverse" derives from the combination of "meta" and "universe," symbolizing the transcendence of traditional boundaries. Initially conceptualized in Stephenson's "Snow Crash" in 1992, the Metaverse has since evolved from a fictional construct to a tangible digital landscape. Today, platforms like Horizon Worlds by Meta Platforms offer users the opportunity to immerse themselves in virtual environments, interact with others, and create shared experiences. However, the reports of abusive behavior, privacy breaches, and mental health concerns raise urgent questions about the ethical and societal implications of this digital frontier.

While the concept of the Metaverse is undeniably captivating, it comes with a multitude of challenges, particularly concerning individual privacy and security. Recent investigations by The Centre for Countering Digital Hate (CCDH) revealed alarming findings. Researchers, posing as minors, spent extensive time on platforms like Oculus and VR Chat within Meta Platforms' Metaverse, discovering instances of abusive behavior occurring as frequently as every seven minutes. In 2018, The Extended Mind and Pluto VR conducted a survey revealing that nearly half of female virtual reality (VR) users reported instances of sexual harassment within virtual spaces. Furthermore, Nina Jane Patel, a technologist and researcher, shared her harrowing experience of virtual sexual harassment. Her avatar was subjected to verbal and sexual abuse by multiple male avatars, shedding light on the profound psychological impact of virtual sexual assault on victims. This alarming statistic underscores the urgent need to address the prevalence of sexual misconduct in VR environments.

Virtual sexual assault can inflict significant psychological trauma on victims, akin to real-life experiences. The immersive nature of VR exacerbates this trauma, as users perceive the virtual environment as genuine, potentially triggering past traumas for those who have previously endured sexual assault. Reports have been persistently highlighting the instances of real-life sexual assault occurring in VR, illustrating the urgency of addressing sexual misconduct within virtual spaces. These incidents underscore the need for proactive measures to ensure the safety and well-being of all VR users. Continual reports echo the unsettling reality of real-life sexual assaults unfolding in VR realms, emphasizing the pressing need to confront sexual misconduct within virtual environments. Next, it is essential to delve into the existing legislation surrounding this critical issue, followed by recommendations for enhancing safety and addressing challenges within virtual spaces.

Influence of AI on Crime Within the Metaverse

In the realm of combating sexual assault and harassment, AI-driven innovations stand as pillars of support and accountability, reshaping how we address these pressing issues. From Sis bot, guiding survivors through reporting processes and accessing support services, to SafeCity's AI-enabled heatmaps illuminating local harassment trends, these technologies empower individuals with vital resources and insights. Moreover, solutions like Nex AI and Aware utilize machine learning algorithms to proactively detect and address potential instances of harassment in corporate environments, fostering safer workplaces and promoting timely interventions by legal and HR professionals. Together, these AI advancements herald a new era of support, protection, and accountability in the fight against sexual assault and harassment.

Therefore, AI emerges as a powerful ally in addressing the challenges posed by the metaverse. Its capabilities offer effective solutions to navigate the complexities of virtual environments, ensuring safety, accountability, and fairness. AI's role as an effective tool in combating issues such as harassment, exploitation, and privacy concerns within the metaverse underscores its transformative potential in safeguarding users and promoting ethical conduct in digital spaces.

Metaverse Legal Protection: Assessing Gaps and Solutions

From a legal standpoint, in a digital universe where everything is constructed from 0s and 1s, i.e., a binary system, it's impractical to assume that existing legal frameworks seamlessly accommodate this new paradigm or comprehensively address all questions that arise. Amidst the current circumstances, Failure to promptly address this matter could exacerbate existing mental health challenges in India, widening societal divides.

Currently, the definitions within the legal framework are narrow in scope, primarily addressing crimes in the physical realm rather than virtual acts of misconduct. Existing legislation such as the Indian Penal Code (IPC) and the Information Technology Act (IT Act) partially address online harassment issues. While IPC Sections 354D and 509 cover stalking and insulting the modesty of women, respectively, they do not exclusively address online harassment against women. Though courts have in certain cases, as of M.M. Harris v State of Kerala, recognized the online cases of harassment under its purview. Notably, Section 354A IPC pertains to sexual harassment but does not encompass online harassment within its scope. Furthermore, the absence of specific laws addressing online harassment creates a legislative gap. Avatars, not yet recognized as legal entities, pose challenges in assigning vicarious liability, as they do not establish a traditional principal-agent relationship. Consequently, the virtual representation of individuals remains a legislative gray area requiring thorough deliberation and potential legal clarification. There is an urgent necessity to update Section 354A IPC to address online sexual harassment comprehensively. Additionally, expanding the provisions of the IT Act 2000 to encompass harassment in virtual reality (VR) environments is crucial.

Given the dynamic nature of technology, the judiciary must interpret existing laws liberally to ensure justice prevails. Interpreting the IPC to include virtual groping as an act of outraging the modesty of a woman under Section 509 and virtual reality stalking within the definition of online stalking in Section 354D is essential. As these offenses occur in real-time on-screen, they should be considered as visual images and fall under the purview of the "transmit" clause of the IT Act.

The emergence of new technology inevitably leads to novel challenges, necessitating innovative technological solutions to address these concerns. The urgency for regulatory frameworks tailored to the evolving landscape of the Metaverse cannot be overstated. Exploring regulatory sandbox regimes in the nascent stages of the Metaverse is essential groundwork for establishing an orderly and trustworthy community within this virtual realm. These proactive measures will not only shape the future of the Metaverse but also instill confidence among its users.

Moreover, the alarming surge in cybercrimes related to sexual harassment or exploitation in 2022, with over 3.4 thousand cases reported nationwide compared to the relatively lower numbers in 2016 and 2017, underscores the pressing need for immediate action to curb this trend. It highlights the critical importance of adapting legal frameworks to effectively address emerging challenges, emphasizing the necessity for proactive preventive measures to ensure the safety and well-being of individuals in digital spaces. Thus, the 'nail has already hit the board,' indicating that curative measures, such as strengthening enforcement mechanisms and implementing stricter penalties, are imperative to combat the rising tide of virtual crimes.