Along with the corona pandemic, various metabus services appeared. This has made the metaverse a familiar concept to many people around the world.
The logical structure for criminal regulation of defamation that can occur on the metaverse can be consi...
Along with the corona pandemic, various metabus services appeared. This has made the metaverse a familiar concept to many people around the world.
The logical structure for criminal regulation of defamation that can occur on the metaverse can be considered in two ways. First, it is regarded as violating the avatar's own personality rights. Second, it constitutes a violation of the personality rights of the natural person who manipulates the avatar. he first logical structure can be directly applied to defamation between avatars on the metaverse, but it can be pointed out as a problem that legislation is needed for this. On the other hand, the second logical structure is pointed out as a problem that it is difficult to apply directly to defamation between avatars on the metaverse in that criminal law can be applied only when the victim's natural person directly informs their identity.
Under the current legal system, criminal law can only be applied to defamation on the metaverse when the act of announcing his or her identity is added by the controller of the victim's avatar. On the other hand, for defamation between avatars on the metaverse that occurred in the absence of such acts of natural persons, criminal punishment is possible only when the avatar's personality rights subjectivity is recognized and a rule for criminal punishment is introduced. Regarding whether the necessity of criminal punishment is recognized for defamation among avatars in this type of metaverse, there should be discussions considering the final means of criminal law, as well as whether avatars' personal rights identity is recognized.