Information technology and global automation pose new challenges in controlling social relations, especially through criminal law. This new phenomenon may constitute an unacceptably intrusive interference in computer games where a person gains an advantage in order to obtain some advantage, such as winning a game round or accumulating an excessive number of resources, which falls under the definition of the word “cheat.” However, the use of this concept within the framework of many countries’ criminal law may be problematic due to the limited definition of the term “Fraud” that simply does not concern the use of cheats in games.
Luckily, there is an existing case of a country which criminal code has been adjusted to cover the modern variation of fraud. The Republic of Korea, which is arguably the heart of the online gaming and esports industries, has proclaimed that using “malware” to cheat at games is illegal and punishable by law. As a consequence, South Korea passed a law in 2020 to promote integrity in video games. For speculative activities involving game items, this law imposes a penalty of up to 5 years in jail or a maximum fine of 50 million Korean Won.
It should also be noted that this new legal practice is sporadic and not widely used today. This does not guarantee that other courts will also apply this practice, especially in the nearest future, considering how bureaucratic this process can be in some countries. But it’s also possible that new rules will be put in place that will ultimately make using malware in games illegal, which might result in it getting its own stipulation in the law.
References:
https://adda.royalcapitalbd.com/south-korea-video-game-cheating-law/