Cyber banishment: an old sanction for virtual spaces

Abstract

ABSTRACT In this paper, I present the punishment called cyberbanishment. This sanction refers to the old-fashioned punishment of forbidding a person to be present in specific places, but instead of physical locations this sanction concerns digital spheres. The proposition of introducing cyberbanishment is based on a few observations. First, the current practices of punishment are problematic, and there is a need for alternative punishments. Second, this form of sanction may be a proper response to crimes committed online, like hate crimes or punishable threats. Third, the online sphere becomes more important each year, and this was even amplified by the recent pandemic. The development of virtual realities and metaverses could contribute to this trend. Fourth, as an instrument imposed by courts, cyberbanishment may increase judicial control over the limitations of constitutionally protected freedoms in the online world, which is currently decided mainly by the platforms themselves.