Open Access Research Article
FAKE ACCOUNT VICTIMIZATION: AN EMPIRICAL RESEARCH IN SONIPAT AREA BY: CHHAVI JAIN & TANYA MITTAL
Published Paper
Article Details
FAKE ACCOUNT VICTIMIZATION: AN
EMPIRICAL RESEARCH IN SONIPAT AREA
AUTHORED BY:
CHHAVI JAIN & TANYA MITTAL
COURSE: LLB
(Hons) 2nd Year
SRM
UNIVERSITY, DELHI NCR
ABSTRACT
Today's
world is a technological world as the number of online platform users is
increasing rapidly. These platforms are Facebook with 2.9 billion users
globally and 2.96 million users from India, YouTube with 2.5 billion users
globally and 467 million Indian users, WhatsApp with 2 billion users globally
and 487.5 million Indian users and Instagram with 2 billion users globally and
229 million users are Indian.
The number
of users has increased rapidly from 970 million in 2010 to 4.76 billion in
January 2023, sothe crime rate through these platforms is also taking a plight.
Criminal activities like cyberbullying, cyberstalking, and profile hacking
through fake social media accounts have become the most common problem,
especially for women. Statistics show that out of the total users of Facebook
and Instagram, 5% of accounts are fake and Womenare easy targets for any
anonymous person on these platforms. This paper shall analyse the problems,
women face due to these dummy accounts with the help of an empirical research
methodology in the area of Sonipat, Haryana. The researchers also attempt to
try to find out solutions to tackle this very problem with the help of
government policies and relevant laws.
SYNOPSIS
1.
INTRODUCTION
Today’s world can be called a digital
world, where people are more connected with each other through digital sources
rather than personal interaction. Social media platforms have emerged as a
major contributor and the digitalization of today’s world. The most commonly
used social media platforms are Facebook, YouTube, WhatsApp, Twitter, and
Instagram. These platforms provide various types of facilities to their users,
starting from communication with other users to the opportunity for exchanging
views and ideas, from sharing valuable information to the current news about
the latest event, these platforms have ultimately evolved as a source of
entertainment for today’s generation. The figure of users on social media
platforms is growing rapidly. At present, more than 50% of the world’s
population, i.e., around 59%, uses social media platforms. As per the data
provided by the team Kepios, in April 2023, the active number of users on
social media platforms was 4.80 billion[1].
It is expected that globally there will
be 5.85 billion users on social media platforms in 2027[2],
and 1177.5 million users will be from India[3].
This shows how much the use of social media platforms has increased. Moreover,
excessive use of anything always creates trouble, so as in the case of these
platforms, with the rapid increase in usage, wastage of time, crime rate, etc.,
is also on the rise. Data provided by GWI shows that a social media user
actively spends an average of 2 hours and 24 minutes per day using social media[4].
The most used platform among all is
Facebook globally with 2.9 billion users[5],
but in India, WhatsApp is the most popular with 487.5 million users[6].
The speedygrowth in the number of
users may be because these platforms provide almost all of the information
required to stay current in daily life. Information regarding jobs,
entertainment, news, newly launched products, etc. is easily accessible, and
with the help of these platforms, one can connect with a large number of people
the most probable reason is that every facility is available in one place.
There is no need to go anywhere to earn a living too, Individuals can earn by
posting content on these platforms, and they can also get fame very easily
within no time.
Though social media platforms have
numerous potential benefits it is well said that every coin has two sides.
Despite its positive use, it also has a negative impact. People are becoming
addicted to it, especially our young generation, which creates severe problems
in their lives such as distraction, disrupting sleep, spreading rumours,
depression, and so on. Moreover, a breach of privacy is a major concern. Also,
a plethora of new types of crimes is emerging through it, like online fraud,
scams, defamation, etc. As per the data from the “National Crime Record
Bureau”, as of 2019, the overall number of cybercrime occurrences increased by
18.4%, and the proportion of cases involving women increased by 28%[7].
Women are the easiest target for an
anonymous person. Cyber blackmail, threats, cyber pornography, publishing and
sending obscene sexual content, stalking, bullying, defamation, morphing, and
creating phoney profiles are the most prevalent cybercrimes against women.
According to the report of the National Crime Record Bureau, cybercrime against
women has gone up by 28% in 2019. 10,730 events out of the 52,974 incidents of
cybercrime recorded in 2021 were crimes against women[8].
People often use fake social media
accounts to commit these crimes and to satisfy their evil desires. The practice
of creating fake social media accounts is one of the contemporary issues. Every
day, thousands of phoney social media profiles are created by scammers,
fraudsters, hackers, and wicked individuals. Everyone can be a target,
including famous people, influential people, and even a common person. Facebook
dealt with 1.6 billion bogus accounts in the first quarter of 2022[9].
Over 10 bot accounts are deleted by Twitter every second, for a total of over
310 million every year. An estimated 95 million Instagram accounts are phoney, with
an estimated 1 billion users. It means 1 in 10 Instagram accounts are fake[10].
Fake profiles are used to commit cybercrimes with an unknown identity.
Cybercrimes include cyberbullying, online stalking, and misuse of someone’s
data like photos, videos, etc. Among these crimes, the most targeted victims
are women.
There are certain provisions provided
under the “Indian Penal Code 1860”[11]
and the “Information Technology Act, 2000”[12],
to control the offences through fake accounts, like under Sections 66C[13]
and 66D[14]
of the IT Act, 2000[15],
where making fake profiles by using fake information, photos, or identity of
another person is an offence. The right to privacy is also a fundamental right
under “Article 21”[16]
of the Indian Constitution.
The laws that are regulating
cybercrimes through fake accounts are not very effective. No specific provision
is provided under the IT Act, of 2000[17],
which deals with cybercrimes against women in particular. There is no special
regulatory policy for cybersecurity. There is a lack of awareness among the
people regarding these laws, and due to this, most of the cases remain
unregistered. Only in the presence of a regulated and overseen legislative
framework can users defend themselves and receive protection from cyberattacks.
This study centres on the problem
that women face as a result of fake social media accounts. In this research
paper, women from both urban and rural areas of Sonipat district (Haryana) are
covered.
Researchers will use this research to
try to find some suitable solutions to the varied problems. It will also be
explored how to reduce the legal gap.
1.1
STATEMENT OF PROBLEM
As discussed above, social media, with its positive uses, also has many
negative uses. Youngsters are not only becoming addicted to it, but they are
also finding new ways to commit crimes, to upset other people. The offenders
are using fake profiles to commit fraud, extort money from people, tease
someone, harass someone, etc. On these platforms, the privacy of an individual
is not safe. One can misuse the personal information of a person by using his
or her pictures, messages, videos, etc.
Threats, bullying, harassment, and stalking of others on social media are
the offences that are most frequently reported and observed. According to a
survey by UNICEF in 2019, in 30 nations, 1 in 3 young people
claimed to have experienced online bullying (UNICEF Poll, 2019[18]).
The country with the highest rate of this issue was India, where 37% of parents
said their child had experienced it[19].
The victims of these crimes frequently don’t know when to notify the police, so
most of this type of behaviour goes unpunished or isn’t taken seriously. India
reported an 18.4% rise in cybercrime in 2021 (52,974 cases), as it was 44,735
in 2019. Among these, 4047 cases were of online banking fraud; 972 cases were
associated with cyberstalking or bullying of women; and 149 instances were of a
fake profile. According to NCRB, the maximum 60.2% of cybercrimes reported in
2020 were committed for fraud, 6.6% for sexual exploitation, and 4.9% for
extortion[20]. In
2021, India recorded almost 13,000 registered cases of fake digital profiles.
According to research, the average number of social media accounts per
Gen Z user around the world is 8.5, and India tops the list with 11.5 social
media accounts per user[21].
Around 66 million to 88 million Facebook accounts are believed to be false but
haven’t yet been identified. These fake accounts are mostly used to harass
women socially, emotionally, and economically. In 2018, among the total number
of cyberbullying cases, girls were bullied 1.3 times more than boys (Centre for Disease Control, 2019)[22].
Also, in India, out of the total number of reported cases of cyberstalking, 60%
of the cases were reported by females.
This is a prevalent concern with the
use of social media. This cannot be disregarded by anyone, particularly the
women who are the primary victims. Some measures to control this are
desperately needed.
In this research, Sonipat district in
Haryana state is being studied. The reason for this is that this place is
remote from Delhi, the country's capital. Due to its geographic location, it is
an intriguing area to research crimes involving fake accounts because it can
shed light on the dynamics of such actions close to a significant metropolitan
centre. People living in cities close to metropolitan regions are majorly
influenced by the lifestyles and habits of those living in metropolitan areas.
Due to this influence, crime rates are increasing in this area. Also, the
sizeable population of Sonipat makes it possible to find a wide variety of
people involved in a variety of activities for illegal operations.
1.2
RESEARCH OBJECTIVE
·
Analyse
the instances of fake accounts and victimisation of women in India.
·
Compare
the condition of women in urban and rural areas through empirical research.
·
Analyse
the effectiveness of the national laws governing the issue.
·
Recommend
or propose a solution to address the issue.
1.3
RESEARCH METHODOLOGY
With the aid of an empirical research
methodology, researchers will analyse the circumstances. Both the urban and
rural portions of the Sonipat region in Haryana are the subject of this study.
To gather data, Google forms were circulated. Our goal is to gather information
from women so that a range of viewpoints can be collected.
We have received almost 160 responses
from women, in which participation is equal in urban and rural areas. Based on
these responses, researchers will analyse the situation and try to find out the
best way to tackle it.
1.4
CHAPTERIZATION
1. Introduction
2. Analysis of fake accounts in the
Sonipat region
3. How women are the main victims?
4. Conditions in urban and rural areas
5. Laws governing the issue of fake
accounts in India
6. Solution to tackle crimes through
fake accounts
7. Conclusion
2.
Analysis of fake accounts in the
Sonipat region
As discussed above social media has
marked tremendous growth, not only in India but also in the world. The
following table expresses the data showing the number of users on different
platforms globally as well as in India:
Number of users on Social media platforms[23]
|
YEAR
|
GLOBALLY
|
INDIA
|
|
2019
|
3.51 billion
|
395.87 million
|
|
2020
|
3.9 billion
|
518 million
|
|
2021
|
4.26 billion
|
639.47 million
|
|
2022
|
4.59 billion
|
755.47 million
|
|
2023
|
4.90 billion
|
862.08 million
|
|
2027(expected)
|
5.85 billion
|
1177.5 million
|
This data talks about the wider section of the
world but the researchers will look up and analyse the matter in the Sonipat
region from Haryana State.
The data is gathered from women of
various ages, although the number of young women is higher. A total of 170
replies were received, with 134 coming from women aged 16 to 24. This is
because social media is more prevalent among young people and has a greater
influence on them.
There are
various platforms of social media like Facebook, Instagram, YouTube, Twitter, etc. The below-mentioned data
indicates that the platforms are very popular among the people.
Number of users on different social media platforms in
January 2023[24]
|
NAME OF THE PLATFORM
|
GLOBALLY
|
INDIA
|
|
Facebook
|
2.9 billion
|
314.6 million
|
|
YouTube
|
2.51 billion
|
467 million
|
|
WhatsApp
|
2 billion
|
487.5 million
|
|
Instagram
|
2 billion
|
229.6 million
|
|
Snapchat
|
635 million
|
172.5 million
|
|
Twitter
|
556 million
|
27.25 Million
|
In the research also, almost 92.9% of
women have their accounts on social media. The below-mentioned graph indicates
the data collected from women in the Sonipat area-:
As is depicted by the bar graph that
75% of women have accounts on Instagram which shows its popularity among them.
Overall data indicates, that more than 95% of women have their accounts on
social media, while there are less than 5% of women who don’t have an account
on these platforms.
Now the issue is not about the increasing
number of social media accounts but the issue is the increasing number of fake
social media accounts. One person is having more than one account on these
platforms. The exact number of fake social media accounts is difficult to
determine, as the number can vary on different platforms. But experts have
suggested that a significant number of social media accounts may be fake. Like,
Facebook took action against 1.3 billion fake accounts, in the fourth quarter
of 2022[25].
The reasons for creating fake accounts
are various and complex, but they often are used for personal gains like
deception or manipulation. People create fake accounts to get various
information about the targeted user by winning their trust.
Disseminating false information, such
as propaganda, fake news, or other misleading information is one of the main
reasons behind the bogus accounts. They are also created for spam messages,
such as advertisements or scams to the suspect users, in which various websites
are attached to the messages to get more information. Online frauds are also
commonly seen these days which include money fraud by extorting money from
innocent people, religious fraud by changing their religion hiding their true
identity, etc. Most of these online frauds are done by fake accounts. Nowadays
the rate of cybercrime is also increasing, as National Cyber Crime Reporting Portal has reported 8, 84,863
complaints from January 2021 to November 2022.
Fake accounts are creating a lot of
problems concerning an individual’s privacyand the individual’s privacy is
protected by the Fundamental Rights under Article 21[26].
They enter into their domain with a fake identity or by using someone’s
identity to earn their trust. So that people can fall into their trap and then
they can misuse the trust that provided information.
The target of these fake account
users can be a man, woman, child, adult, literate person, illiterate person, or
anyone. No one will be spared from their eyes. But the condition of the age
group 18-24 years old is more vulnerable because they can be easily targeted.
Among them also, women are the main victim. They are facing harassment offline
as well as online due to these fraudsters.
3.
How women are the main victim?
In India, women are treated as Janni
and they are respected as Devi[27].
Still, they have been victims of a range of crimes like Sati Pratha, acid
attacks, rape, eve-teasing, sexual harassment, and so on. Even in the recent
period, the concerns of women's empowerment have gained popularity due to
educational progress and awareness, but on the ground level, women are still
considered inferior, face abuse at all stages of life, and deal with a variety
of security difficulties.
Current development in science and
technology, especially in the Internet and social media, due to which it quite
easy for individuals to stay connected. These platforms were created to
facilitate communication, social interaction, entertainment, and various
carrier opportunities online, which will help in the enhancement of an
individual. It is a platform where the businesses can also be promoted. Hence,
these platforms were developed so that they will be useful for individuals but
few people know more about how to misuse a thing rather than its positive use.
Social media has opened the door for various criminals such as hackers to
interfere with the accounts and get unauthorised access to the user's computer
system and steal important data. The cyber-world is a virtual environment in
which anyone may impersonate or conceal his identity and cause harm to another
person.
Nowadays crime against women is a
very familiar issue. Every second, one woman is becoming a victim by falling
into someone’s trap. And between this, these online platforms are now a new
area where the privacy, dignity, and security of a woman are being challenged
every moment. Technology is there to comfort life but here it has become a mode
by which some criminals try to defame a woman by sending her obscene videos and
pictures, unstoppable messages, stalking by different – different accounts and
worst of them is by creating pornographic videos, which are created without
their consent.
In this research, the researchers
found that more than 50% of women have faced problems due to fake social media
accounts.
The pie chart shows that almost 55%
of women have faced problems due to these fake accounts in the area of Sonipat.
This data is of a confined area, the
picture is much larger than one can think. In this confined area, more than
half of the women are the victim then we can easily imagine what will be the
stats in the whole country and also in the whole world. Actuality, this is a
really large and significant problem.
As per the researcher’s findings,
women have to tackle a lot of problems due to these fake accounts as shown by
the pie chart-:
As depicted by the chart there are
various kinds of harassment which women had to face due to these fake accounts.
Some are-:
·
A
girl shares her photos with someone she trusts, but that person can be a
scammer who is using a phoney account. He can use her images to blackmail her,
harass her and force her to do what he wants.
·
Fake
accounts are created to stalk a girl online. These cases are commonly seen. The
account holder is using several accounts just to stalk a girl. If a girl blocks
one of his accounts he can again message her with another one.
·
With
the help of fake accounts the person can make defamatory statements about a woman
and can also do sexual comments.
·
Cyberbullying
is also common these days. The person can abuse the victim online, can make fun
of her and humiliate her.
·
Recently
a new challenge is occurring i.e. with the help of a fake profile the offender
can represent a fake religion to trap a girl. In this, the girl falls for him
without knowing the true identity of a person and after that, she has to suffer
various kind of cruelty and sometimes have to change her religion.
·
By
creating a false account and using someone else's name, the perpetrator has
infringed Article-21[28]-
right to privacy of an individual, which is a crime.
·
The
unstoppable messages even after blocking, hacking of accounts, forcing a girl
to get physical with him by using shameless tactics, etc. are some more
instances due to which a woman is suffering.
3.1 Women are the main
victim but why?
The answer can be varied. Our society
is a male dominant society where a man thinks of a woman as his property. He
thinks he can control her in the way he wants like mentally, physically,
sexually, and emotionally. As of now, society is trying to change this scenario
but in a rigid male-male-dominantly it, is difficult for a male to accept that
the female is now controlling her own life, they are taking their decisions and
they have the right to say- NO to a
male. If a woman has said no to a man, for example, if a woman is not
interested in getting into a relationship with that man, then it hurts his ego
of him. In the feeling of taking revenge, due to obsession or attraction, he
can do anything just to satisfy his male ego. This is the main reason why Women
are the main victims of these accounts.
Another important reason can be that
these kinds of crimes remain unreported because for various reasons most women feel
hesitation to open up and share what they suffered with anyone or due to a
mentality that what will be its impact society, what they think about her, what
kind of reaction her family will give, and sometimes she feels that she is
responsible to be a victim of such kind of crime.
So these are some reasons that in
such kinds of crime, the main victim is a woman, as it becomes easy for a
person to trap her without any fear.
4.
Conditions in rural and urban areas
The conditions of women
in both urban and rural area concerning crimes through fake social media
accounts is not so good.
Women may have less
access to technology and a lower level of digital literacy in rural locations,
which might make them more vulnerable to online exploitation and harassment.
Because it becomes easy for an anonymous person to talk with a girl who didn’t
have more knowledge about these kinds of instances. Also, the economic
disparities in rural areas are a cause of this, because due to it there is a
lack of resources and opportunities, and people often use fake social media
accounts with malicious intentions to exploit a woman. Rural communities are
frequently characterised by close-knit social systems and traditional cultural
standards. Girls from such social systems may have less interaction with people
outside of their limited circle, so whenever she met with an outsider who seems
to be genuine she becomes over-friendly due to which she suffers. The most
important reason is that girls in rural areas are not so concerned and aware of
their privacy and security while using social media platforms. In those areas,
the law enforcement mechanisms are also less. This can discourage the victims
from reporting the cases.
On the other side, women are more familiar
with social media in urban areas where technology is more accessible. Urban
regions often have greater internet access and higher smartphone intelligence
rates, more individuals use social media sites. With a growing online
population, the probability of meeting fraudulent accounts and online fraud
increases. In urban areas communicating and interacting with people is common.
Because of the increasing social networking, it may be more vulnerable to
befriending and connecting with bogus accounts that look authentic. Trends and
social forces can have a big impact on urban areas. Girls in cities may feel
obligated to maintain a specific image or online presence, which might make
them more helpless to accept friend requests or engage with bogus profiles that
match their intended image. Girls may seek affirmation, attention, and social
approval through social media sites in the cities. So their situation is bad in
being dumped by false accounts that offer approval, admiration, or compliments,
making them more subject to manipulation.
Overall, the situation is
the same in both the areas urban as well as rural, the factors might be
different. But the result is the same i.e. the exploitation of women. Women are
becoming victims due to all these factors.
In the research also, the
researchers have received almost equal responses from urban and rural areas,
which shows the same situation here.
In both areas, 92.9% of women have
accounts on various social media platforms, such as 30% having accounts on
Facebook, 75.3% having accounts on Instagram, 54.7% having accounts on
Snapchat, and so on. 54.7% of these women had faced problems as a result of
phoney social media profiles, while 61.2% of them had ignored it. Only 67.1% of
women are aware of the legal options available to them, and this understanding
is similarly restricted. They just know that they may report accounts, register
complaints, and block accounts only.
Therefore, the picture is identical
in every area. It shows digital illiteracy is not only the main reason behind
this. An educated woman can also be a victim of this. To address this issue
promoting online safety education is crucial. Providing individuals with the
skills and knowledge to identify fake accounts, and make them understand the
privacy settings is needed.
5.
Laws governing the issue of fake
accounts in India
A fake account is just an account on
any social media network where the published information is dishonest, if not
fraudulent. Misrepresentation of phoney accounts, as well as the use of
fictitious facts, mislead the general public into propagating erroneous
information or gathering financial or personal information. The rise in
incidences of cybercrime against women in India has prompted constitutional
bodies to consider and take harsh action against offenders.
There is no clear rule in place that
holds social media platforms responsible for the establishment of fake accounts
inside their network. This is because the network just acts as a middleman and
does not directly construct the account.
5.1 Provisions underthe “Information Technology Act of 2000”[29]-
The safe-harbour protection provided
by Section 79[30]
of the Act, shields intermediate
social media networks from responsibility for third-party information uploaded
on their platforms. It states that an
online portal that solely accepts, maintains, transmits, or communicates an
electronic record is not accountable for any third-party information or
communication that is available on it. However, the requirements stipulate that
if the intermediary receives 'real knowledge' that any information, data, or
communication connection contained in the portal is being used to perform an
illegal act, the intermediary is required to remove such content.
There are various other provisions in
the IT Act, of 2000[31],
whitewalls with cybercrimes through fake profiles and by other various means.
·
Punishment for using a communication service
to convey offensive messages, etc. [Section 66[32]]: This section is triggered when an
imposter utilises fraudulent and dishonest profiles to spread spam or viruses
or to steal data. The offence is punishable by up to three years in jail, a
fine of up to five lakh rupees, or both.
·
According
to Section 66C[33]
of the Act, deals with Identity theft
punishment- "Whoever, fraudulently or dishonestly uses the electronic
signature, password, or any other unique identification feature of any other
person, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to a fine which may
extend to rupees one lakh."
·
Sec 66D[34] of the Act deals with punishments for personation-based cheating
using a computer resource: "Whoever, using any communication device or
computer resource, cheats by personation, shall be punished with imprisonment
of either description for a term which may extend up to three years, and shall
also be liable to a fine which may extend up to one lakh rupees."
·
Section 67[35](punishment
for electronically posting or transferring pornographic material)- if the imposter uploads something obscene,
vulgar, or appealing to the phoney profile's unhealthy interest, or if the
effect is such that it tends to ruin and corrupt those who are likely to read,
see, or hear the content contained or embodied in it, given all relevant
circumstances. A second or subsequent conviction results in imprisonment of
either kind for up to three years and a fine of up to five lakh rupees, and
imprisonment of either type for up to five years and a fine of up to 10 lakh
rupees.
·
Section 67A[36]( a fine or another penalty for the electronic publication or
transmission of content containing sexual acts, etc.): The Section is activated if the
phoney profile includes a sexually explicit act or activity. In the event of a
second or subsequent conviction, the punishment is more severe, punishable by
imprisonment of either description for a term that may extend to five years and
a fine that may extend to ten lakh rupees, and punishable by imprisonment of
either description for a term that may extend to seven years and a fine that
may extend to ten lakh rupees. The offence is penalised by law, and no bail is
available.
·
Section 67B[37](penalties for publishing or sending online content that shows youngsters
engaging in sexual acts, etc.): If the obscene fake profile is that of a child under the
age of 18, the offence is punishable under this section of the Act, which
severely penalises child pornography. There is a specific provision for sexual
predators that makes it illegal to lure or recruit minors for online
interactions for sexually explicit conduct or in a manner that would offend a
reasonable adult on a computer resource. The offence is cognizable and
non-bailable, and the penalty is similar to that outlined in Section 67A above.
·
Section 69A[38]which deals with the ability to order the restriction of public access to any material
through any computer resource. It enables the central government to ask any
intermediary to block access or to remove any content or information generated,
transmitted, received or stored, or posted by any computer sources.
“The Information Technology (Intermediary Guidelines and Digital Media
Ethics Code) Rules 2021”[39] include several restrictions
designed to assist address the annoyance of phoney accounts. According to these
standards, every social media site is responsible for establishing a grievance
redressal procedure via which complaints can be submitted regarding any content
published on that site[40].
As per Rule 3(2) (b), if, upon receiving a complaint, the intermediary
determines that the impugned content, including artificially morphed images, is
similar to impersonation in an electronic form, it must take all reasonable and
practicable steps to remove or disable access to such content that it hosts,
stores, publishes, or transmits. These guidelines, as well as the grievance
redressal process they would develop, would make it simpler for users to report
fraudulent profiles. According to the laws, intermediaries must also report
cybersecurity issues and share pertinent information with the Indian Computer
Emergency Response Team.
5.2Provisions under
the“Indian Penal Code, 1860”[41]-
These kinds of offences against women
are also dealt with in the IPC, 1860[42]
in which Section- 416[43]deals
with cheating by personation. It states
that a person is called to 'cheat via personation,' if he cheats by appearing
to be someone else. The impostor would be held responsible whether the
individual personated is genuine or fictitious. Anyone who commits forgery of
an electronic document for cheating is equally guilty under Section 468[44]-“Forgery for purpose of cheating”.
Section 354A[45]- “ Sexual harassment and its punishment” of the IPC forbids sexual
harassment and states that any guy who intentionally distributes pornographic
material to a lady against her consent by email, WhatsApp, or any other manner
is breaking the law. Section- 354[46]deals
with cyberstalking which states that any guy who knowingly pursues a woman and
approaches her or attempts to contact her for personal information despite
multiple cautions from that lady will be charged with this offence.
Hence, there are several provisions
under the IT Act, of 2000[47]
as well as the Indian Penal Code, of 1860[48],
but they are of no use if women are not aware of this. The foremost reason
behind the increased rate of these crimes is that if any such circumstances
appear before any woman she just ignores it and the crime remained unreported
and ignored. In this research, 61.2% of women have ignored the situation, as
indicated by the Pie chart below mentioned:
Henceforth, it is very clear that
most of the women have ignored these kinds of acts. Only 31% of women have
taken some steps and the most common step among them is to report the account.
But this is not only the solution.
6. Solutions to tackle crimes through fake accounts
Indian legal system has ample amount
of provisions to tackle the problem of crimes through fake media accounts.
There are several laws. But the problem is they are not sufficient. Because
people are not aware of it. They just know that they can file the complaint but
what will be its procedure, what punishments can be given to the accused, what
will be its impact on future criminals and so many things they don’t know.
These are the basic things that every individual should know.
There are still 33% of women who are
not aware of the legal actions they can take in these situations, as shown by
the pie chart. Therefore, lack of awareness is one of the issues which can be
resolved by organizing camps, and legal aid programmes by various institutions,
and universities in every city and village. So that a large area can be
covered. And the victims will become aware that the laws are available for
them, for their protection and they can knock on the door of courts for seeking
justice.
Laws might require social media
services to offer users clear and easily accessible reporting tools for
reporting false accounts and illegal activity. These processes should be
well-publicised and should guarantee that the platform investigates and
addresses reported events as soon as possible.
Another major issue is that laws are
there for protection but their implementation takes a lot of time. Most of the
victims think that they do not want to invite an endless trial so they just
simply ignore it. Court proceedings take time but it is well said in Indian
Legal System that- Justice Delayed Is
Justice Denied.
By entering into someone’s private
information, the accused violates Article-
21[49]i.e.
the Right to Privacy of the victim. But sometimes the victim is unaware of this
right which is his/her Fundamental Right. So again, the issue is a lack of
awareness. Every individual must be aware of their basic rights which are
Fundamental Rights. Women also have to be more careful while talking with an
anonymous person. There are certain privacy policies on social media, they have
to read them first and should take necessary precautions.
It is discussed that there the
several laws and Acts to handle these instances but they are not sufficient.
The owners of these platforms have to take some serious steps so that the
number of fake accounts starts decreasing. They should develop some software
which can automatically detect a fake profile and remove it just like Facebook
did in year 2022[50]. Apart from this, they can change their
requirements for creating a new account and can ask for certain
government-issued identification documents. This can help in preventing the
creation of fake accounts and make it easier to trace the individuals who are
involved in these crimes.
Though the Indian Penal Code contains
various provisions for cybercrimes, the issue is that IPC was drafted before
digitalization. It contains provisions regarding cybercrime but does not
explicitly cover all types of cybercrimes. There should be some addition or
amendment in the Act like Sections for emerging offences like cyber threats,
hacking, and Identity theft should be included.
Laws can promote and facilitate
better coordination among social media platforms, law enforcement agencies, and
other relevant players. This can include systems for exchanging information,
data, and evidence to help in the identification and punishment of persons
engaging in illegal acts via bogus accounts.
The number of persons with
specialized knowledge or expertise in cyber forensics should also be increased.
The limited availability of these persons hinders the successful investigation.
The liability of the intermediaries
is also not defined properly and efficiently, such as internet service
providers, and the role of social media in facilitating cybercriminal
activities. If their responsibilities and liability are clear, they can ensure
their active participation in preventing and addressing these crimes.
Legislation can underline the need
for digital literacy, online safety, and awareness efforts to educate users
about the hazards of fake accounts, as well as how to identify and report them.
This can help individuals, particularly vulnerable groups, become more cautious
and vigilant when using social networking platforms.
Majorly, to keep up with rapidly
evolving technology and creative strategies employed by cybercriminals,
legislation must be adaptable and flexible. Existing legislation should be
examined and revised regularly to ensure its relevance and effectiveness in
combating emerging threats.
It should also be noted that legal
reforms may not be sufficient on their own. A holistic strategy involving
collaboration among stakeholders, including law enforcement authorities, social
media firms, educators, and individuals themselves, is vital in combating
crimes facilitated by phoney social media accounts.
7. Conclusion
Finally, the prevalence of fraudulent social
media profiles is a huge challenge, particularly for girls. Girls, whether from
rural or urban areas, are more likely to become victims of various crimes aided
by phoney accounts. Examples include online harassment, cyberbullying, identity
theft, fraud, and other forms of exploitation. Low computer literacy, economic
inequality, social and cultural constraints, the requirement for validation,
and the ease with which fake accounts may be formed all contribute to the
problem.
Addressing this issue necessitates a
diverse approach. It begins with promoting digital literacy and teaching ladies
in both rural and urban areas about online safety and privacy safeguards. It is
vital to provide females with the knowledge and skills necessary to use social
media platforms safely.
Additionally, stricter laws and
regulations are necessary to prevent cybercrime using fraudulent accounts.
Legislation should prioritise the improvement of identification procedures, the
improvement of reporting mechanisms, the clarification of social media platform
responsibility, and the expansion of international collaboration. Furthermore,
to combat the dynamic nature of this quandary, ongoing regulatory
modifications, stakeholder collaboration, and public awareness activities are
required.
It is vital to emphasise the
protection of girls online, ensuring their safety, privacy, and well-being. By
addressing the issue of fraudulent social media accounts effectively, society
can work to establish a safer and more inclusive online environment for all
girls, encouraging them to use social media platforms confidently and without
fear of exploitation.
ANNEXURE I
Draft questionnaire
Fake
account victimization: An empirical research, Hi, we are Tanya & Chhavi
second-year students of SRM University(Delhi-NCR). We are conducting research
which is only for academics purpose, to know more about the prevailing problem
of fake social media accounts mostly faced by girls. Your response shall remain
confidential. By submitting this form, you acknowledge that your participation
is voluntary. Thank you for your valuable time and feedback.
* Indicates a required question
1. Email
*
_________________________
2. Name*
_________________________
3. Age
group?*
o
16-24
o
24-34
o
35-45
o
45 above
4. Which
social media platform you are using?
o
Facebook
o
Instagram
o
Twitter
o
Snapchat
o
Reddit
o
None of the above
5. You
are from which area?
o
Urban
o
Rural
6. Do
you have an account on any social media platform?
o
Yes
o
No
7. Did
you face any problems because of fake social media accounts?
o
Yes
o
No
8. What
kind of problem you have faced?
o
Someone is stalking you
o
Someone has used your photos
o
Someone is bullying you
o
Relationship scam by changing religion
o
Any other
9. You
took any action against it or ignored it?
o
Took action
o
Ignored
10. What
actions you can take against it?
___________________________________
11. Are
you aware of the legal actions that you can take against it?
o
Yes
o
No
12. Is
social media safe for girls?
o
Yes
o
No
13. Suggestions
on how girls can tackle the issue of fake accounts?
___________________________________________________
ANNEXURE II
Sample response sheet: Yashika Saini
Fake
account victimization: An empirical research, Hi, we are Tanya & Chhavi
second-year students of SRM University (Delhi, NCR). We are conducting research
which is only for academics purpose, to know more about the prevailing problem
of fake social media accounts mostly faced by girls. Your response shall remain
confidential. By submitting this form, you acknowledge that your participation
is voluntary. Thank you for your valuable time and feedback.
1. Email
*
Ysforever14@gmail.com
2. Name*
Yashika
Saini
3. Age
group?*
ü 16-24
24-34
35-45
45
above
4. Which
social media platform you are using?
Facebook
ü Instagram
Twitter
Snapchat
Reddit
None
of the above
5. You
are from which area?
ü Urban
Rural
6. Do
you have an account on any social media platform?
ü Yes
No
7. Did
you face any problems because of fake social media accounts?
ü Yes
No
8. What
kind of problem you have faced?
Someone
is stalking you
Someone
has used your photos
Someone
is bullying you
Relationship
scam by changing religion
ü Any
other
9. You
took any action against it or ignored it?
Took
action
ü Ignored
10. What
actions you can take against it?
Block
the contact
11. Are
you aware of the legal actions that you can take against it?
Yes
ü No
12. Is
social media safe for girls?
ü Yes
No
13. Suggestions
on how girls can tackle the issue of fake accounts?
It
is important to keep information about the fake profile by taking screenshots
or printing out the profile pages. This may be useful if the issue continues
and you need to work with the platform or the police to resolve the issue.
[1]Global Social Media Statistics, available at: https://datareportal.com/social-media-users#:~:text
(last visited on April 30, 2023).
[2]Number of
global social network users 2017-2027, available
at:https://www.statista.com/statistics/278414/number-of-worldwide-social-network-users/ (last
visited on April 29, 2023).
[3]Number of
social network users India 2015-2040, available
at:
https://www.statista.com/statistics/278407/number-of-social-network-users-in-india/
(last visited on April 29, 2023).
[5] Global social networks ranked by number of
users 2023, available at:
https://www.statista.com/statistics/272014/global-social-networks-ranked-by-number-of-users/(
last visited on April30, 2023).
[6] WhatsApp statistics 2023, available at:https://www.demandsage.com/whatsapp-statistics/
(last visited on April 30, 2023).
[7] Anoushka Sawhney,”Cybercrime
against women up 28% since 2019:Karnataka's share highest: NCRB”, Business Standard, August 30, 2022,
available
at
(last visited on May 16, 2023).
[9] Facebook:
fake account removal as of Q4 2022, available
at:
https://www.statista.com/statistics/1013474/facebook-fake-account-removal-quarter/#:~:text(last
visited on April 30, 2023).
[10]How to identify Fake Instagram
followers, available at:
https://blog.kicksta.co/how-to-identify-fake-instagram-followers-put-a-stop-to-them/#:~:text(last
visited on May 16, 2023).
[11] The Indian Penal Code, 1860 (Act
45 of 1860).
[12] The Information Technology Act,
2000 (Act 21 of 2000).
[13]The Information Technology Act,
2000 (Act 21 of 2000), s. 66C.
[14] The Information Technology Act,
2000 (Act 21 of 2000), s. 66D.
[16] The Constitution of India, art.
21.
[18]UNICEF POLL: More than a third of
young people in 30 countries report being a victim of online bullying, available at:https://www.unicef.org/serbia/en/press-releases/unicef-poll-more-third-young-people-30-countries-report-being-victim-online-bullying(
last visited on May 20, 2023).
[19] Cyberbullying statistics 2023, available at:https://www.singlecare.com/blog/news/cyberbullying-statistics/#:~:text(
last visited on May 15, 2023).
[20]Press Trust of India ltd., “India
reported 11.8% rise in cybercrime in 2020; 578 incidents of ‘fake news on
social media’: Data” The Times of India, Sep15, 2021.
[21] Social media users in the world-
2023 demographics, available at:https://www.demandsage.com/social-media-users/(
last visited on May 16, 2023).
[22]Government of India, Report: 2019 National and State
Healthcare-Associated Infections Progress Report (Ministry of health and
family welfare, 1947).
[27] Saurabh Dubey, “Cyber Crimes and
Cyber Laws: A Perspective of Women Victimization”6 International Journal of Advanced Research in Science, Communication
and Technology(2021).
[30] The Information Technology Act,
2000 (Act 21 of 2000), s. 79.
[32]The Information Technology Act,
2000 (Act 21 of 2000), s. 66.
[35]The Information Technology Act,
2000 (Act 21 of 2000), s. 67.
[36]The Information Technology Act,
2000 (Act 21 of 2000), s. 67A.
[37]The Information Technology Act,
2000 (Act 21 of 2000), s. 67B.
[38] The Information Technology Act,
2000 (Act 21 of 2000), s. 69 A.
[39] Government of India,” Information
Technology (Intermediary guidelines and Digital Media Ethics Code) Rules, 2021”
(Ministry of electronics and information technology, 2021).
[40]India: Legal Action Against Fake Account
On Social Media, available at: https://www.mondaq.com/india/social-media/1109666/legal-action-against-fake-account-on-social-media
(last visited on May 16, 2023).
[43] The Indian Penal Code, 1860 (Act
45 of 1860), s. 416.
[44] The Indian Penal Code, 1860 (Act
45 of 1860), s. 468.
[45] The Indian Penal Code, 1860 (Act
45 of 1860), s. 354 A.
[46] The Indian Penal Code, 1860 (Act
45 of 1860), s. 354 D.
Article Information
FAKE ACCOUNT VICTIMIZATION: AN EMPIRICAL RESEARCH IN SONIPAT AREA BY: CHHAVI JAIN & TANYA MITTAL
Authors: CHHAVI JAIN, TANYA MITTAL
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/09/07
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.