Where do complaint against fake FB I’d? Know with us

Where do complaint against fake FB I’d

Author: Poorvi Sirothia, NMIMS, Mumbai

Introduction

“Facebook is the most well known informal organization site on the planet, yet tragically, it is additionally one of the mainstream focuses among phishers and other social designers. Huge amounts of Facebook Profiles out there and the game are to distinguish which one is veritable.”

“Trust me, if you locate a phony profile with your genuine name, at that point, it might be an indication of genuine wholesale fraud. They would have imitated your profile and set it up for some illicit online exercises, or they may even use it against you. They will likewise use to menace you or as it were Cyber Bullying.”

“These fake profiles are often used to commit cybercrime with or without identity. In such last year, there has been a 168% rise in such cybercrimes.”

“No, it is not a crime to create a fake Facebook profile. Legitimate and unlawful are qualifications are taken at various degrees of enactment, so you may find that something lawful may, a few miles from the spot you are present, be viewed as illicit.”

“When the person using that account for theft, threatening. Or to molest someone or another kind of criminal actions may be considered illegal and at that time the creation of fake FB accounts to be considered as illegal.”

“Now a- day’s many cybercrime activities have their roots in social media. They are creating fake profiles to target potential victims, and making their homes an easier target.”

The law has various provisions to deal with that problem. And these crimes are punishable under the information and technology act. And there is also a provision of jail and fine.

Let’s discuss in detail where to complain against fake FB I’d and what are the various provisions of law related to them.

Where do we complain?

“At the point when we come across a fake profile the initial step is to report the equivalent to the specialist organization like Facebook or Twitter. The greater part of these Intermediaries/Service Providers has an office for announcing and blocking fake profiles.”

“At the initial stage, Facebook also reviews the reported material and removes everything that violates the rights and responsibilities of others statement. After giving a trigger warning they also disable the account. If someone created an account pretending to be you:”

1. Go to the timeline
2. Click the gear icon and then select Report
3. click report this account
4. click This person is pretending to be me or someone I know and then complete the on-screen directions
5. Click Submit to Facebook for Review[1]

If it is not sufficient than you can also file FIR at the nearest or state police cybercrime cell department or the nearest police station.

Nowadays you may report fake profiles, at the online national cybercrime reporting portal.

You have followed some mandatory steps to file a cybercrime complaint

1. Visit the cybercrime website – https://cybercrime.gov.in/   this portal is the initiative of the government of India.
2. The victim need to provide name, contact detail, mailing address & the details related with fake profile along with an application letter addressing the head of a cybercrime investigation cell
3. Provide certain documents for register complaints is also mandatory. These documents are based on the nature of cybercrime.
4. “While you file a complaint against such fake account it is necessary to take screenshots of that fake account from devices.”

This cybercrime reporting portal enables you to report any cyber-crime anytime and anywhere, without even face to face interaction. The complaints made on this portal directly go to state police or local police for further action.”

Section 66D of the information technology act, 2000 also deals with such online problems or fake social media profiles.”

“It is necessary that the victim must file a complaint against this with the cybercrime cell or adjudicating officer in the prescribed format with the fees payable. This application has to be heard within 4 months and the entire issues have to be decided within 6 months.”

Whoever, by means for any communication device or computer resource cheats by personating, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees[2]

This brings into its ambit:

1. Making a social networking profile in a fake name.
2. Making a social networking profile in some other person’s name.
3. Performing social networking activity in such other names.
4. Sending emails or messages from some other person’s email id or messaging account[3]

Case law-

“A 21-year-elderly woman from Kandivli (west) has filed a police complaint after an unidentified individual purportedly made a fake Facebook account in her name, utilized her photographs on it, and posted connections presenting her as a sex worker.”

“The Charkop police, who are exploring the case, said the lady moved toward them a week ago, after which the First Information Report (FIR) was registered. “

“The complainant has a Facebook account on which she has transferred a few photographs, however, had not confined others’ access. “

“The accused allegedly downloaded her photographs utilized them to make her fake FB profile, posted connections of hostile sites and composed disgusting remarks on the new record, just as called her a sex worker. The same day, she approached the local police, and subsequently, a complaint was filed under section 354(D) (stalking) of the Indian Penal Code and sections 66C (identity theft) and 67 (publishing or transmitting obscene material) of the Information Technology Act.”

Conclusion and suggestion

“From the above article, it is to be very clear that making a random fake account is not punishable as per law unless it is fraudulent and a crime under the cyber laws of the country which we have already discussed above. But if anyone creates a fake profile to commit some crime or to cause annoyance, inconvenience, danger, etc. then there is a punishment for these activities which has been mentioned in the law, and the necessary action is also taken against such person. Further, Facebook as a stage likewise gives you a few remedies. For instance, on Facebook, you can report a fake/fraud account. As a rule, you should report the fake profile to LEAs and simultaneously, complain on Facebook too.”

In my opinion, the laws regarding these activities are not stringent. Sometimes the complaint of a victim cannot take seriously by the officer. In my suggestion, I would like to suggest that the online platform also has started the KYC or something like that or proper verification method so that once cannot use these fake I’d for crimes or any other heinous activities. And if somebody complaint against these accounts then immediate actions have to be taken against these I’d without any delay or any formality.

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[1] https://blog.ipleaders.in/cyber-law-fake-profiles-social-media/

[2] https://www.mondaq.com/india/it-and-internet/891738/cyber-crimes-under-the-ipc-and-it-act–an-uneasy-co-existence#:~:text=Section%2066D%20of%20the%20IT,may%20extend%20to%203%20(three)

[3] https://blog.ipleaders.in/cyber-law-fake-profiles-social-media/