Self-image formation and the rights protecting identity:

focusing on avatars in a metaverse

Abstract

This paper considers whether the operator behind an avatar active in a metaverse may be granted conceivable personality rights or interests with regard to the maintenance of personality identity via use of the avatar. The ordering of a metaverse requires mechanisms to legally protect a person who is a victim of identity fraud. Such protection is theoretically supported by “the self-image control right,” “the right pertaining to self-image identity,” having been discussed in the context of the Constitutional rights and “the identity right” in the form of “the right to maintain personality identity in relations with other persons.” Although these right concepts are not firmly established, they can at least serve as the basis for ordering through soft law. As metaverses expand in the future and we reach a stage of social consensus-building that requires legal protection by hard law, it is possible that the abovementioned right concepts will develop into rights under positive law.