Time to (Re)visualise Victims? Introducing Shadow Victims of Digital Misinformation

The growing volume and mutation of digital misinformation and its diverse typologies reveal that humanity faces a new form of vulnerability. This vulnerability incapacitates individuals from genuinely exercising their legal rights, including electoral rights and international perceptions, thereby potentially adversely impacting the collective interest of a nation's population and causing a threat to democracies. This paper reconceptualises victimology by introducing the concept of “shadow victims”, individuals unknowingly harmed by misinformation due to cognitive biases, limited digital literacy, and optimism bias. Unlike traditional victims, shadow victims remain unaware of their victimisation, yet their compromised agency contributes to collective harm. Framing misinformation as a form of cyber harm rather than crime, the study develops a closed-loop model mapping the dissemination of misinformation to determine the circumstances one can be a shadow victim of misinformation. Categorising recipients based on their characters: Believer, Sceptics and Passive Bystander; and reaction Choice: Passive and Contained Victimisation, Victimisation even with Responsible Behaviour and Offending-Shadow Victims, the classification highlights shadow victimisation. This doctrinal inquiry bridges the gap between the rise of misinformation and the absence of legal recognition for its victims, offering a theoretical foundation for understanding unrecognised digital victimisation. The paper concludes by highlighting the implications of recognising shadow victims for legal theory, digital policy, and future research in cyber victimology. • This paper reconceptualises victimology by introducing the concept of “shadow victims”, individuals unknowingly harmed by misinformation due to cognitive biases, limited digital literacy, and optimism bias. • The study develops a closed-loop model mapping the dissemination of misinformation to determine the circumstances one can be a shadow victim of misinformation. Categorising recipients based on their characters and reaction choice. • This doctrinal inquiry bridges the gap between the rise of misinformation and the absence of legal recognition for its victims, offering a theoretical foundation for understanding unrecognised digital victimisation