Social media is the essential means of communication today, but can also be used to create any fake, fraudulent profiles in the name of a legitimate person using any person’s name, image, or the personal information. Through fraud, the fake profiles can be used to commit any fraud, harassment, intimidation, or any other crime. As a result, the victims of this fraud must act quickly to preserve any evidence, report fake accounts to appropriate authorities, and involve cybercrime authorities.
Why Fake Social Media Profiles Are Serious
The fake social media profile can create many risks for person whose identity has been misused.
The consequences may include:
- Damage to personal or professional reputation;
- Misleading friends, relatives or business contacts;
- Fraudulent requests for money;
- Unauthorized communication with other persons;
- Publication of false or defamatory statements;
- Online harassment or intimidation;
- Misuse of photographs or personal information;
- Creation of fraudulent business or employment representations;
- Sexual or obscene content being associated with the victim; and
- Further identity theft or financial fraud.
In some cases, the victim may initially be unaware that the account exists. The problem may come to light only when a friend informs the victim or when someone approaches the victim regarding a message sent from the fake account.
What is Social Media Impersonation?
Social media impersonation occurs when any person creates or operates an online account while pretending to be any other individual.
For example, someone may create the Instagram account using:
- The victim’s name;
- Profile photograph;
- Biographical details;
- Professional designation;
- Photographs copied from the genuine account;
- Contact details; or
- Other identifying information.
The mere fact that another person has a similar name does not automatically establish unlawful impersonation. The circumstances and intention behind the account are important.
A situation becomes more serious where the account is deliberately designed to make others believe that it belongs to the victim or where it is used to deceive, defraud, threaten, harass or harm the victim.
Common Ways Fake Profiles Are Misused
Fake profiles may be created for different purposes.
1. Financial Fraud
The impersonator may contact friends and relatives claiming to be the victim and request emergency financial assistance.
2. Reputation Damage
The fake account may publish offensive, false or defamatory statements while making others believe that the victim authored them.
3. Harassment
The account may be used to send repeated unwanted messages or communicate with colleagues, relatives or acquaintances.
4. Fraudulent Business Activity
An impersonator may use another person’s identity to offer products, services, employment opportunities or investments.
5. Relationship Fraud
The fake profile may be used to communicate with other individuals while pretending to be the victim.
6. Misuse of Photographs
Photographs may be copied and used in a misleading, obscene, sexually explicit or otherwise harmful context.
The legal consequences will depend on what exactly has been done through the fake account.
Legal Framework Governing Fake Social Media Profiles
Indian law does not treat every fake profile in exactly the same manner. The applicable provisions depend upon the conduct of the person operating the account and the harm caused.
Information Technology Act, 2000
According to Section 66C of the Information Technology Act, identity theft is the act of fraudulently using someone else’s electronic signature, password, or any other unique identification method. There are some punishments for this crime which includes imprisonment for a maximum period of three years and a fine not exceeding ₹one lakh.
Section 66D talks about cheating by impersonation with the help of a computer device or any communication device. Whether this section can be applied or not is also dependent upon the facts of the case.
Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 has been in force from 1 July 2024 and contains provisions relating to various offences that may become relevant depending upon the conduct involved.
For example, where a fake account is used to make false representations for obtaining money or property, provisions relating to cheating may become relevant. Where threats are communicated, criminal intimidation provisions may be considered.
Similarly, where false imputations are published with the requisite intention or knowledge and the legal ingredients are satisfied, Section 356 of the Bharatiya Nyaya Sanhita, 2023, which deals with defamation, may become relevant.
Thus, the legal remedy should be selected after examining what the impersonator actually did through the fake profile.
Remedies Available to the Victim
A victim of social media impersonation can consider several steps.
1. Report the Account to the Platform
The first practical step is generally to report fake accounts through the platform’s impersonation or the abuse-reporting mechanism.
The victim should clearly explain:
- That the account is fake;
- That the account is impersonating the victim;
- The URL or username of the account;
- Which photographs or personal information have been copied; and
- Whether the account is being used for fraud, harassment, defamation or other unlawful activity.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 contain grievance-related mechanisms for certain unlawful or harmful content, including electronic impersonation. The Rules provide for action concerning complaints involving impersonation in electronic form in specified circumstances.
2. File Cyber Crime Complaint
Cybercrime can be reported by a victim via the National Cyber Crime Reporting Portal.
The portal recommends that complainants furnish the correct details and any necessary evidence. The kinds of evidence that can be submitted include URLs, screen captures, e-mails, chat transcripts, mobile numbers of the suspect, photos, videos, records of online transactions, and any other documents that are considered useful.
3. Approach the Police
Depending upon the circumstances, the victim may approach the local police or the appropriate cyber-crime police unit.
This becomes particularly important where the fake account is being used for:
- Financial fraud;
- Threats;
- Harassment;
- Blackmail;
- Stalking;
- Defamation;
- Sexual exploitation; or
- Other criminal conduct.
4. Seek Legal Assistance
Where the matter involves significant reputational damage, financial loss, continuing harassment or complicated digital evidence, legal assistance may help in determining the appropriate criminal and civil remedies.
How to Report a Fake Social Media Account
A victim should preferably follow a systematic process.
- Step 1: Take the screenshots of the fake profile.
- Step 2: Copy and preserve exact profile URL.
- Step 3: Record the username, profile name and account details.
- Step 4: Preserve messages sent from the account.
- Step 5: Take screenshots of comments, posts and photographs.
- Step 6: Report the account through the platform’s official reporting mechanism.
- Step 7: Preserve complaint or report the acknowledgement.
- Step 8: If at all the criminal conduct is involved, file the complaint through the National Cyber Crime Reporting Portal or approach the appropriate police authority.
The victim should avoid deleting the evidence before preserving it.
Importance of Preserving Digital Evidence
Digital evidence can be extremely important in establishing that a fake account existed and identifying what was communicated through it.
Useful evidence may include:
- Screenshots;
- Profile URLs;
- Account usernames;
- Dates and times of posts;
- Direct messages;
- Emails;
- Photographs;
- Videos;
- Transaction details;
- Mobile numbers;
- Payment receipts;
- Witness statements; and
- Communications with the social media platform.
The National Cyber Crime Reporting Portal specifically identifies URLs, chat transcripts, screenshots, videos, images, online transfer receipts and other documents as potentially relevant evidence.
Where possible, the victim should preserve the original electronic material and avoid unnecessarily editing screenshots.
Can a Victim Approach the Police or Cyber Crime Authorities?
Yes. The victim can make a complaint where the fake profile involves conduct that may constitute an offence.
The complaint should clearly explain:
- The victim’s identity;
- The details of the fake account;
- When the victim discovered it;
- How the account is impersonating the victim;
- What content has been posted;
- Whether money has been demanded or obtained;
- Whether threats or harassment have occurred;
- Whether any other persons have been contacted; and
- What evidence is available.
The National Cyber Crime Reporting Portal states that complaints submitted through the portal are handled by the concerned State/UT police authorities based on the State/UT selected while reporting the complaint.
Defamation, Cheating, Threats and Other Offences
The creation of a fake account may be only the beginning of the unlawful conduct.
If the impersonator uses the account to obtain money through false representations, the circumstances may involve cheating or cheating by personation.
If threats are communicated through the fake account, provisions relating to criminal intimidation may become relevant.
If false statements are published with the ingredients required for defamation, the law relating to defamation may also apply. Section 356 of the Bharatiya Nyaya Sanhita, 2023 defines defamation and provides the applicable punishment.
Where private or intimate images are unlawfully captured, published or transmitted, additional provisions of the Information Technology Act may become relevant, depending on the circumstances. Section 66E specifically addresses violation of privacy involving images of private areas.
Therefore, simply describing a matter as a “fake account case” may not capture the complete legal position.
Civil and Other Legal Remedies
Apart from criminal remedies, a victim may also have civil or other legal options depending upon the circumstances.
For example, appropriate legal proceedings may be considered where there is:
- Continuing reputational harm;
- Unauthorized use of photographs;
- Unlawful publication of personal information;
- Persistent harassment;
- Commercial misuse of identity; or
- Continuing publication of harmful material.
A lawyer can examine the facts and determine whether a notice, injunction or other appropriate proceeding may be maintainable.
The remedy should be tailored to the actual harm rather than merely to the existence of a fake account.
Practical Steps After Discovering a Fake Profile
If at all someone discovers fake profile in his or her name, then the following steps can help:
- Do not immediately confront the suspected impersonator if doing so may cause the evidence to disappear.
- Capture screenshots of the entire profile.
- Save the exact profile URL.
- Record the username and account name.
- Preserve messages and comments.
- Inform close contacts that the account is not genuine, where necessary.
- Report the account to the platform.
- Change passwords if there is any possibility that the genuine account has been compromised.
- Enable two-factor authentication.
- Review login activity and connected devices.
- Report financial fraud immediately to the appropriate authorities.
- File a cybercrime complaint where criminal conduct is involved.
- Preserve all complaint acknowledgements and correspondence.
- Consult a lawyer where substantial harm or continuing unlawful activity is involved.
Prompt action can help prevent the fake account from causing further damage.
Conclusion
Using a fake social media profile could have legal implications arising from impersonating, committing fraud, harassing, or defaming people. There are provisions in the Information Technology Act of 2000 and the Bharatiya Nyaya Sanhita of 2023 to address the issue. Individuals harmed by this matter should act quickly to preserve relevant evidence, report the account, file a complaint on cybercrimes, and seek legal help.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. Is creating a fake social media profile illegal in India?
The legal consequences depend upon the facts. Where a fake profile is used for identity theft, cheating by personation, fraud, threats, defamation or other unlawful conduct, applicable criminal provisions may be attracted.
2. What should I do first after finding a fake profile?
You must take photos and keep the URL and others as proof when you identify the fake profile account. Then, report the account to the platform; this has officially been recommended by The National Cyber Crime Reporting Portal for all fake profiles.
3. Can I complain about a fake Instagram/Facebook profile?
Yes. There are facilities available to report the impersonation and other types of abuse offered by social media platforms; women must keep the evidence before making reports.
4. What Section 66C of the Information Technology Act refers to?
Section 66C of the Information Technology Act deals with identity theft; this includes malicious use of someone’s electronic signature, password, or any other identification sign. This proscribes imprisonment terms and penalties up to ₹1,00,000.
5. What is Section 66D of the Information Technology Act?
Section 66D of the Information Technology Act refers to cheating through impersonation by using computing or communication devices.
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