Fake profile threatening you on Facebook? What to do in India

Let’s imagine a scenario, someone has created a fake Facebook profile using your name, your photographs, or both. And then, they are sending threatening messages, spreading false information, or blackmailing you, asking you for ransom. But you do not know who they are and what their ’ modus operandi ’ is.

Now, contrary to popular belief, this situation is more common than most people think and is also considered a criminal act under the law. That is why consulting a cyber law expert in India at the right stage can make a significant difference to how the matter unfolds on your behalf. 

A Practical Guide to Reporting, Removing, And Taking Legal Action Against Fake Facebook Profiles in India 

A fake Facebook profile can quickly become a legal problem, evolving from an online nuisance into something more serious, especially when it is used for malicious purposes. That is why you need to be aware of every aspect of this scenario to respond in a measured way rather than emotionally and to safeguard your interests.  

Why Fake Facebook Profiles Are a Growing Cyber Crime Concern 

Facebook has more than 300 million users in India. The sheer scale of this platform also makes it one of the most misused platforms for criminal activities like identity fraud, harassment, and extortion.  

The trend is also seen in the rising number of cybercrime cases in India involving social media impersonation. Such instances have sharply risen in the last five years, and fake profiles are at the centre of many of them. 

Common Ways Fake Profiles Are Used to Harm Victims 

• Impersonation is when a profile is created with your name, photo, and personal details to deceive your peers. 

• The account has digitally altered pictures of you to deceive others and, in some cases, to make them appear obscene or compromising. 

• False statements are being published from the account to defame you and tarnish your reputation, professionally or personally, and sometimes both.  

• Using the account to send threatening messages to others on the platform. 

• Demanding money or other favours in exchange for either deleting the account or not sharing damaging content. 

• Cyberbullying is another damaging aspect of fake Facebook profiles. It is used for repeatedly harassing others through messages, tags, or public posts. 

What Legal Action Can You Take Against a Fake Facebook Profile?

When someone is using a fake Facebook profile to harm your dignity and life as a human being, there is a lot that India’s legal system allows you to do. You can start by filing a cybercrime report online.

India’s National Cyber Crime Reporting Portal at cybercrime.gov.in allows victims to file complaints from anywhere in India. The portal has dedicated sections to report cyberbullying, impersonation, and online blackmail. Once you register the complaint, it will then be redirected to the relevant state cybercrime unit.

Alternatively, you can always register a complaint at your local police station. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the police are obliged to register an FIR for cognisable offences. 

Here, it is important to note that offences under the IT Act, including identity theft and electronic impersonation, fall under this category. If the police station refuses to register an FIR, you can approach the Superintendent of Police or the District Magistrate for resolution.

Now comes the obvious question: When should you contact a cyber crime lawyer in India? 

Contacting a cybersecurity lawyer becomes important when:

• The police are not responding to your complaint.
• You know the criminal, and you wish to pursue a civil remedy in addition to the criminal action.
• You are being constantly blackmailed, and you want to understand how to protect your interests without harming the case.
• Morphed images and private photographs are being circulated, and you need urgent interim relief.
• The matter comprises reputational and financial damages, and you wish to claim compensation.

Besides, a cyber law expert in India can help you draft a formal legal notice to Facebook requesting the suspension of your account. This legal document will obviously carry more weight than a standard user report in certain situations. 

Legal Implications of Creating a Fake Facebook Profile in India

Creating a fake Facebook profile is considered illegal in India and is addressed under the Information Technology Act, 2000 (IT Act), and the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code as of 1 July 2024. 

The key provisions include:

• Section 66C, IT Act: This section primarily deals with identity theft. It means using another person’s identity information dishonestly or fraudulently. Under this act, the offender may be sentenced to up to 3 years’ imprisonment and a fine of 1 lakh rupees.
• Section 66D, IT Act: This section covers incidents of cheating by impersonation using a computer resource. Here, the punishment remains the same as in the previous section. 
• Section 66E, IT Act: It applies in cases where private images are captured and shared without consent. The punishment here also includes three years’ imprisonment and a fine of two lakh rupees. 
• Section 67, IT Act: It covers the publication and transmission of obscene material electronically, which is relevant where morphed images are shared. Under this section, the first offence is punishable by up to three years’ imprisonment and a fine of five lakhs. A subsequent offence will lead to five years' jail and a ten lakh rupee fine.
• Section 351, BNS: This section addresses criminal intimidation, which includes threatening a person with injury to their body, reputation, or property. Here, for standard threats, the punishment is two years in prison or jail (or both), and for severe threats, including death, destroying a woman’s reputation, or causing grievous injuries, the imprisonment will increase to seven years. 
• Section 356, BNS: It covers defamation cases in which false statements are made publicly to damage reputation. The punishment here includes two years in jail. 

Now, if the victim is a woman and the content includes sexual overtones, in those cybercrime cases, the Protection of Women from Domestic Violence Act, 2005 (PWDV Act) and specific provisions under the BNS relating to harassment will also apply, depending on the facts. 

How To Identify A Fake Facebook Profile 

Even though creating a fake Facebook profile is possible, identifying the same is also possible when you know where to look.  

Signs That a Facebook Account May Be Fake 

Here are some of the factors that you can look at to identify a fake Facebook account:  

• The account was created recently and has very few friends or followers. 

• Profile photographs appear to be lifted from your own account or other online sources. 

• The name matches yours or is a close iteration. 

• Posts are not frequent, generic, or clearly designed to impersonate rather than represent a real person. 

• Friends or colleagues start contacting you about messages they have received from this account, which you did not send. 

• The profile sends you messages from an account you do not recognise but claims to be you. 

Therefore, in such cases, it is important to trust your instincts. If something feels off, document it before you do anything else. 

Can the Police Trace the Person Behind a Fake Facebook Account?

Yes, police and other concerned authorities can easily track the perpetrator behind the scenes, even if it takes some time. Now, to dive deeper into the process of how cyber investigations work, the process starts with you registering a formal complaint. After that:

• The investigating officer will issue a legal notice to Meta (parent company of Facebook), requesting IP logs and device information linked to this account.
• Then trace the IP address to an internet service provider, which then identifies the user.
• Then, the police obtain the mobile number or email ID used to register this account.
• Lastly, they coordinate with other agencies in case the perpetrator has used a VPN or proxy.

Now, the factors that affect traceability in cybercrime cases usually include:

• If the criminal has used a VPN or other anonymising tool.
• How quickly the complaint was filed after the incident or the creation of the account
• Whether Facebook’s data retention period for the relevant records has expired.
• The level of resources available to the investigating team.

What should you do immediately if someone threatens you on Facebook

Dealing with a fake profile can be distressing, especially when the person is trying to intimidate you. However, following a structured response ensures that you build a strong legal case. Here is how you can do that: 

Do Not Panic or Respond Aggressively

When someone threatens you on Facebook, the first thing you should do is remain calm and refrain from responding aggressively. Now, you can ask why? Well, when you reply to the person aggressively or try to expose the person on your own, it lowers the legal merit of your case.

Collect and Preserve Digital Evidence

The next step is collecting the evidence. You can do that by taking screenshots of:

• The fake profile itself, including the photo, bio, and URL
• All threatening messages, posts, and comments
• Any images shared without your written consent
• The friendliest and followers of the account, if visible
• Lastly, make sure the date and time are visible in the screenshots

Additionally, do not delete any messages even if they are distressing, as the legal system relies heavily on these preserved digital records. 

Secure Your Facebook and Other Online Accounts

The next step in the response process is to change the passwords for your existing Facebook and other online accounts and enable two-factor authentication. At the same time, check whether any of your accounts show login activity from unknown devices or locations. If the impersonator has gained access to your account, report it to Facebook immediately, along with the fake profile. 

How To Report A Fake Facebook Profile To Facebook

Facebook already has a built-in reporting mechanism for such criminal activities. But, before doing that, ensure you have all the screenshots of the wrongdoings of this account. The reason being once you report the account, you will not be able to gather any evidence for your legal battle. Here, you can consult a cyber law expert in India for more help.

Nevertheless, the process involves the following steps:

Step 1: Save The Profile URL

The reporting process starts with saving the profile URL for future legal purposes. You can either visit the profile directly or ask a friend who has come across the same for the profile link. Once you visit the profile, just save that profile link. 

Step 2: Visit The Profile And Click On The Three-Dot Menu

After you have saved the profile link, look for the three-dot menu. Usually, it appears on the right side of the cover photo or near the message button. Once you find it, click on it and choose the option that says ‘Find support or report profile’ or ‘Report profile’.

Step 3: Choose the Right Reporting Option

After clicking on the reporting option, Facebook will ask you the reason behind your action. From the options, you can choose ‘Something about this profile’ and then click on ‘Fake profile’ and then choose who the profile is impersonating. Your options include:

• Me
• A friend
• A celebrity or public figure
• A business
• They are not a real person

Apart from these, there are a host of options you can use to report the profile, depending on your issue.

Step 4: Wait for Facebook’s Review

After you submit the report, Facebook will review the profile against its platform rules and, if it finds the account is fake or impersonates someone, it will remove or restrict the account.

Apart from reporting the account yourself, you can also ask your friends, family members, and trusted contacts to do the same. When multiple users report the same profile, it helps Facebook identify the profile as potentially suspicious or harmful. 

Advice for Parents: If a Child Is Being Threatened or Bullied Through a Fake Facebook Profile

Harassment through a fake Facebook account is very common in the modern era of digitisation. With kids accessing smartphones early in their lives, it is important for parents to remain vigilant to ensure their children are not suffering from such heinous acts.

Therefore, the warning signs that parents must not ignore include:

• The child is suddenly withdrawn, anxious, or reluctant to use the phone, which they previously enjoyed.
• They are receiving calls and messages from unknown numbers that are disturbing them.
• You hear about a strange and suspicious profile from their peers
• They ask about ‘what happens if someone shares your photos online’

These are some common warning signs of cyber harassment, though the actual symptoms will vary depending on the case.

When To Seek Legal Help

The right time to ask for legal assistance is as soon as you hear about such instances. The cybercrime cases for minors in India are mostly serious with harsh punishments. And if the crime has any sexual undertone, then it will be registered under the  Protection of Children from Sexual Offences Act, 2012 (POCSO Act). 

For more information on this, parents can always consult a cyber law expert in India near them.

How Students, Professionals, and Business Owners Can Protect Themselves From Fake Profiles

Since it is almost impossible to stop people from creating fake accounts on Facebook, people can always take the necessary measures to stop it from happening to them. And parents have to take on a lot of responsibility to ensure their children's safety. 

In that regard, here are some practical prevention tips that everyone can follow:

• Set your personal Facebook profile to maximum privacy, restricting who can see your photos, posts and friend list.
• Regularly search your name on Facebook to check for duplicate accounts.
• Use a reverse image search to see if your profile photographs are being used elsewhere.
• Avoid using your official photographs if you hold a sensitive or public-facing role.
• Enable long-in alerts so that you are notified whenever there is a log-in attempt from another device.

A key point to mention here is that fake Facebook profiles or pages can cause more damage to businesses and professionals than to private individuals. The reasons are simple; there is a lot at stake. For instance, if a business account is impersonated by criminals, they can cause much more damage to a wider set of people than such an instance does to one individual.

Either way, the consequences are there, and you should always seek legal remedies before doing anything else. The Indian Judiciary has recognised that reputational harm to professionals and businesses is quantifiable and compensable.

Fake Profiles Are Not A Nuisance To Be Endured. They Are A Crime  

The phenomenon of fake Facebook profiles is a reality, and it is not going away anytime soon. While that is a distressing statement, there is also the other side of the coin: legal remedies are available to help you and other victims across the country. The BNS and IT Act have strong provisions to deal with such crimes and deliver adequate justice.

Having said that, the law does not always deliver a specific outcome in every case. Why? Because the judgment stands on the argument in the court and the paperwork and evidence that accompany it. Therefore, to be successful here, you need the help of a cyber law expert in India. These legal professionals, with their expertise in handling cybercrime cases, can help you understand which remedies apply to your specific facts, which forum to approach first, and how to protect your position throughout the process. 

Seek help before it's too late.

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