Last updated: 2026-11-12

U
Undergraduate level

Virtual Reality and Games: Ethics, Law and Society

Most of the legal and ethical questions raised by games and virtual reality (VR) are old questions. Who may say what, and who decides? What may a company learn about the people using its product? Who gets left out when a product is designed? What may one person do to another? The technology changes where the lines fall, and sometimes moves them somewhere the existing rules weren't written to reach.old questions, new contexts

This page sets out why VR in particular changes those lines, and introduces four pages that follow one question each: freedom of expression, privacy, accessibility and inclusion, and ethics and human rights. Each can be read on its own.

Three Properties That Change the Questions FoundationalKnowledge that endures for decades โ€” core principles

Lemley and Volokh's survey of VR and augmented reality (AR) law makes a useful distinction between "new takes on classic legal questions" and controversies that are new because they arise in privately run virtual spaces1. Three properties of VR account for most of the second kind.

  • Embodiment and presence. A headset user has a body in the virtual space, tracked from their own head and hands, and the experience is built to feel like being there. Madary and Metzinger identify the illusion of embodiment as the main reason VR raises risks that film and flat-screen games don't, including changes in behaviour that persist after the headset comes off2.
  • Continuous sensing. To render the scene at all, a headset has to track head position, hand position and often gaze many times a second, and cameras map the room around the user. That stream is a by-product of the device working. Slater and colleagues point out that motor actions and eye movements form a "kinematic fingerprint"3.
  • Private ownership of shared space. Social VR worlds are owned and run by companies. Their terms of service, moderation tools and software defaults do the work that public law does in a public square.

Each of the four issues comes out of one or more of these properties:

graph LR E["Embodiment
and presence"] S["Continuous
sensing"] P["Private ownership
of shared space"] FE["Freedom of expression
and harassment"] PR["Privacy and
body data"] AC["Accessibility
and inclusion"] HR["Ethics and
human rights"] E --> FE P --> FE S --> PR P --> PR E --> AC P --> AC E --> HR S --> HR P --> HR

The diagram also shows why the four issues keep running into each other. Harassment in social VR is a speech question and a safety question at once because the harasser's avatar shares space with the target's tracked body. Accessibility depends on embodiment because a VR interface assumes a body that can stand, turn, reach and see in stereo. Privacy and human rights meet in the sensing stream, because data collected to draw the next frame can also be used to identify, profile or influence the person wearing the headset.the headset sees what you see, in real time

Games and VR: Overlapping, Not Identical Applied / MethodologicalKnowledge with a 5โ€“10 year half-life โ€” stable practice

Most of what follows applies to online games played on a flat screen too. Voice chat, player-built content and moderation are speech issues in any multiplayer game; remappable controls and subtitles matter whether or not a headset is involved; telemetry raises privacy questions on any platform. VR intensifies each of them. Blackwell and colleagues, interviewing social VR users, found that synchronous voice, presence and embodiment made harassment feel more immediate and more physical than in text-based spaces4. The pages in this set use flat-screen games where they give the clearest example (accessibility work on console games is far more developed than in VR, for instance) and VR where the headset changes the answer.

Who Is Responsible for What Applied / MethodologicalKnowledge with a 5โ€“10 year half-life โ€” stable practice

Responsibility in this area is spread across several parties, and a recurring problem is that each can point at the others.

PartyWhat they controlExamples from this set
DevelopersWhat data the software collects, what interactions are possible, which accessibility options existLogging gaze only when a mechanic needs it; offering seated play and remappable controls
Platform operatorsTerms of service, moderation, default safety settings, store policiesPersonal boundary defaults; reporting tools; accessibility requirements for store listings
Legislators and regulatorsData protection, online safety, equality and consumer lawUK GDPR's treatment of biometric data; the Online Safety Act's reach into user-to-user games
ResearchersStudy design, consent, aftercareMadary and Metzinger's recommendations for VR experiments2
Users and communitiesCommunity norms, use of safety tools, community-built fixesVolunteer accessibility mods; world-level codes of conduct

Students building VR or game projects sit in the first row. The pages in this set end with what each issue means for someone in that position.

The Four Pages FoundationalKnowledge that endures for decades โ€” core principles

References


  1. Lemley, M. A., & Volokh, E. (2018). Law, virtual reality, and augmented reality. University of Pennsylvania Law Review, 166(5), 1051. https://papers.ssrn.com/abstract=2933867 โ†ฉ

  2. Madary, M., & Metzinger, T. K. (2016). Real virtuality: A code of ethical conduct. Recommendations for good scientific practice and the consumers of VR-technology. Frontiers in Robotics and AI, 3, 3. https://doi.org/10.3389/frobt.2016.00003 โ†ฉโ†ฉ

  3. Slater, M., Gonzalez-Liencres, C., Haggard, P., Vinkers, C., Gregory-Clarke, R., Jelley, S., Watson, Z., Breen, G., Schwarz, R., Steptoe, W., Szostak, D., Halan, S., Fox, D., & Silver, J. (2020). The ethics of realism in virtual and augmented reality. Frontiers in Virtual Reality, 1, 1. https://doi.org/10.3389/frvir.2020.00001 โ†ฉ

  4. Blackwell, L., Ellison, N., Elliott-Deflo, N., & Schwartz, R. (2019). Harassment in social virtual reality: Challenges for platform governance. Proceedings of the ACM on Human-Computer Interaction, 3(CSCW), Article 100. https://doi.org/10.1145/3359202 โ†ฉ

Graduate Attributes

Directly developed

  • Critical Thinker: Readers distinguish between classic legal questions and those arising specifically from privately run virtual spaces.
  • Inclusive: Readers consider how design choices determine who gets left out of a product.

Modelled on this page

  • Subject Specialist: Legal and ethical concepts are applied to specific technical properties of virtual reality systems.
  • Globally Engaged: The implications of data collection and human rights are framed within the broader context of societal impact.

University of Reading Graduate Attributes framework.