Virtual Dignitary Torts

Abstract The emergence of the metaverse and spatial computing, which has enabled immersive digital interactions, raise complex legal questions. This work examines the feasibility of addressing dignitary torts – such as battery and intentional infliction of emotional distress – committed via avatars. The particular challenge for tort law is the nonphysical nature of self-representations in these virtual spaces. Drawing from the historical evolutions of several dignitary torts, such as the law of battery and emotional harm, this article argues that the key in allowing for the recognition of such harms is appreciating the expansion of the protection of physical body within these torts, to the protection of a broader concept of the “self.” By this, tort law has demonstrated both its willingness and capacity to recognize new forms of wrongs without sacrificing its core principles. Accordingly, this essay lays the groundwork for recognizing harms in virtual spaces and offers several initial considerations for dignitary tort liability regime and the extension of the self in extended reality spaces. Bridging the gap between evolving technology and traditional tort law is a must in a world where virtual interactions are carrying increasingly real consequences.