Cyber Law Provides Remedy
Fake Profiles on Social Media
By
S J Tubrazy
Fake profiles on facebook and on
social media are a problem most users face. These fake profiles are often used
to commit cybercrime anonymously or with an untraceable identity. It’s
definitely alarming that there has been a 150 % rise in such cybercrimes in the
last one year. It is very interesting that now-a-days many real world thefts
have their roots in social media. Criminals are creating networks of fake
profiles to target potential victims; as such connections allow them to uncover
a variety of personal information about users and their whereabouts, making
their homes an easier target.
The survey found that of social
media users had discussed an event, evening or holiday plans ‘wall to wall’ on
Facebook, potentially providing opportunities for them to be targeted by
criminals. By befriending a number of the target user’s other friends
beforehand, the victim is even more likely to accept the fake friend,
inadvertently giving the burglar access to all their personal information.
The cases of Cyber extortion have
also increased owing to excessive personal data available in social networking
profiles, and this data is accessible to fake profiles in your friend list. When
we come across a fake profile, the first step is to report the same to the
service provider like facebook or twitter. Most of these Intermediaries/
Service Providers have facility for reporting and blocking fake profiles.
For example, in the case of
facebook the following procedure has to be followed to report an abusive page:
Go to the Page you want to report
Click the gear icon below the
Page’s cover photo
Select Report Page
Choose the reason you’re
reporting the Page and click Continue
Facebook will then review the
reported material and remove anything that violates their Statement of Rights
and Responsibilities. If warranted they also warn or disable the person
responsible.
The following procedure has to be
followed to report a fake account that’s pretending to be you or a public
figure:
Fake Timelines created to imitate real people
(impostor accounts) are not allowed on Facebook. If someone created an account
pretending to be you:
Go to the Timeline
Click the gear icon and then
select Report
Click Report this account
Click This person is pretending
to be me or someone I know and then complete the on-screen directions
Click Submit to Facebook for
Review
Section 36 of Electronic Transaction Ordinance
2002 provides legal remedy for breaching and violation of online privacy
wherein guilty of offence is punishable for 7 years, section 36 read as;
36. Violation of privacy of information.—Any
person who gains or attempts to gain access to any information system with or
without intent to acquire the information contained therein or to gain
knowledge of such information, whether or not he is aware of the nature or
contents of such information, when he is not authorised to gain access, as
aforesaid, shall be guilty of an offence under this Ordinance punishable with
either description of a term not exceeding seven years, or fine which may
extend to one million rupees, or with both.
This brings into its ambit:
Making a social networking
profile in a fake name.
Making a social networking
profile in some other person’s name.
Performing social networking
activity in such other name.
Sending emails or messages from
some other person’s email id or messaging account.
However, in most cases the
purpose of making a fake social media profile has a hidden criminal intention
of the perpetrator. It is either means to commit the cybercrimes of cyber
stalking, cyber defamation.
Section 58 of the Payment System Electronic
Funds Transfer Act 2007 deals with Cheating by Using Computer Device, which
brings within its ambit fraudulent prize schemes like presently spamming on
electronic devices like BISP, WinnerWaird, EasyPaisa Winner and Western Union
Winner etc.
58. Cheating by Use of Electronic
Device.- Whosoever cheats by pretending to be some other person, or by
knowingly substituting one person for another, or representing that he or any
other person is a person other than he or such other person really is, or by
cheating by impersonation, fraudulently or dishonestly uses any credit or debit
card, or code or any other means of access to an Electronic Fund Transfer
device, and thereby causes any wrongful gain to himself or any wrongful loss to
any other person, shall be punished with imprisonment of either description for
a term which may extend to seven years, or with fine which shall not be less
than the wrongful loss caused to any person, or with both.
IDENTIFYING THE REAL FACE BEHIND
THE FAKE ACCOUNT
Advanced Cyber Forensic Tools and
analysis of log files has made it possible to trace the real people behind fake
profiles. Their names and addresses can be easily traced in order to take legal
action against them. Investigation of Fair Trial Act 2013 provides complete mechanism
for discovery of digital evidence and forensic.
LEGAL RECOURSE
A victim must file a complaint
with the cybercrime wing in the format mentioned on FIA website at http://www.nr3c.gov.pk/creport.php.
Also, the victim must contact the
intermediary to take temporary action against the offender. It is always
advisable to interact with people you personally know on social media, however,
if you do interact with people you don’t know well it is best to check out
mutual friends. If you do spot any fake profiles on social media, you must
report the same, as you not only will save yourself from cybercrimes, but also
many others who could fall prey to such scammers.
References:
1.
Manual of Cyber Laws in Pakistan By S J Tubrazy
2.
Discovery of Digital Evidence and Forensic Laws
by S J Tubrazy
