Research on Legal Issues Concerning Personality Rights of Virtual Persons from the Perspective of the Metaverse

Abstract

The development of metaverse technology is currently in its infancy, and its regulatory frameworks remain incomplete. However, unlawful acts infringing upon users' virtual personality rights have already occurred. The metaverse possesses an interactivity absent in Web 2.0, which, combined with the dilution of cyber ethics resulting from unrestricted social interactions within metaverse environments, means users' virtual personalities are continuously subject to infringement. This paper presents a five-part structure analyzing the elements of virtual personality to identify suitable approaches for safeguarding users' legitimate rights.

The first section serves as an introduction. The second section summarizes existing research and literature reviews on virtual personality domestically and internationally, thereby laying a theoretical foundation for the study of legal protection for virtual personality within the metaverse. The third section primarily investigates the challenges in seeking protection for virtual personality rights within the metaverse context, examining theoretical, technological, and societal backgrounds. The fourth section analyzes the specific characteristics of the metaverse itself and the virtual personality existing within it. It further critiques the shortcomings of current legal frameworks for personality rights protection and elucidates the value objectives of such protection. Based on the unique attributes of virtual personality, specific legal protection recommendations are proposed. Therefore, it is essential to define the legal status and framework of virtual personality rights, establish a technologically empowered protection mechanism, and strengthen platform accountability. The fifth section provides a summative conclusion and insights, arguing that the metaverse, through virtual-physical integration, bestows upon natural persons a digital second existence. Its development embodies the aspirational vision of free choice and carefree living. Ultimately, the healthy development of the metaverse is contingent upon the mutual recognition and respect of every user's virtual personality.