VIRTUAL VIOLENCE VS REAL HARM: LEGALLY RECOGNISING VR HARASSMENT AS HUMAN RIGHTS ABUSE

INDIAN JOURNAL OF LEGAL REVIEW

VIRTUAL VIOLENCE VS REAL HARM: LEGALLY RECOGNISING VR HARASSMENT AS HUMAN RIGHTS ABUSE

VIRTUAL VIOLENCE VS REAL HARM: LEGALLY RECOGNISING VR HARASSMENT AS HUMAN RIGHTS ABUSE

AUTHOR – MR. SUJITH KUMAR, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY.

BEST CITATION – MR. SUJITH KUMAR, VIRTUAL VIOLENCE VS REAL HARM: LEGALLY RECOGNISING VR HARASSMENT AS HUMAN RIGHTS ABUSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 225-233, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The advent of the Metaverse represents a seismic shift in human interaction, moving from 2D screens to immersive, embodied 3D environments. While this technological leap promises unprecedented connectivity, it has also birthed a new paradigm of violation: virtual assault. Recent incidents of “virtual rape” and aggravated harassment in social VR platforms like Horizon Worlds have exposed a critical lag in global legal frameworks. Current jurisprudence largely tethers criminal liability to physical contact, leaving victims of haptic and psychological violence in a legal vacuum. This paper argues that VR harassment is not merely a moderation issue but a substantive human right abuse, violating the right to security of person and digital bodily integrity. By analyzing the psychological phenomenon of “embodiment” the limitations of current statutes (including the US Communications Decency Act, the UK Online Safety Bill, and the Indian IT Act), and the trajectory of international human rights law, this paper proposes a “Human Rights 2.0” framework. We contend that the law must evolve to recognize that in a hyper-realistic digital regime, the distinction between “virtual” violence and “real” harm is a fallacy, requiring a new class of “digital personhood” rights to protect human dignity in the Metaverse.