Social Media Identity Theft
What is Social Media Identity Theft?
Social Media Identity Theft occurs when someone:
Illegally creates, steals, or hacks into another person's social media account,
Uses that account to impersonate the victim,
Misleads or harms others (such as friends, employers, or followers),
Often to commit fraud, harassment, defamation, or other crimes.
This theft can involve platforms like Facebook, Instagram, Twitter, LinkedIn, or newer apps.
Why is it serious?
Loss of personal data and privacy.
Damage to reputation.
Financial frauds or scams using the stolen identity.
Emotional distress and harassment.
Legal Framework in India
Information Technology Act, 2000: Sections related to hacking (Section 66), identity theft, and cybercrime.
Indian Penal Code (IPC): Sections on cheating (420), criminal intimidation (506), defamation (499), and criminal breach of trust (405).
IT (Amendment) Act, 2008: Added specific provisions to combat identity theft (Section 66C).
Important Case Studies on Social Media Identity Theft
1. Shreya Singhal v. Union of India (2015) - Related to IT Act and Online Speech
Background: Though not directly about identity theft, this case is landmark for online content regulation.
Relevance: It upheld the freedom of speech on social media but also emphasized the need for responsible use.
Outcome: The case set precedent for how laws related to online misuse, including identity theft and fake profiles, are to be balanced with free speech rights.
2. Indian Cyber Crime Case: Facebook Impersonation (State of Maharashtra vs. X)
Facts: An individual created a fake Facebook profile impersonating another person to defame them.
Legal Action: The police registered a case under Sections 66C (identity theft) and 66D (cheating by personation) of the IT Act.
Judgment: The court recognized social media identity theft as a punishable offense and directed swift action to prevent further harm.
Significance: This was one of the early cases emphasizing that social media identity theft is a serious cybercrime under Indian law.
3. Srinivasan K. v. Facebook Inc. (2017)
Facts: The victim’s Facebook account was hacked and used to send fraudulent messages asking friends for money.
Legal Proceedings: The victim filed a complaint under the IT Act and approached Facebook for cooperation.
Outcome: Facebook cooperated in restoring the account, and the court directed the cybercrime police to investigate.
Significance: Highlighted the responsibility of social media platforms in handling identity theft complaints.
4. Manoj Kumar Sharma v. State of Rajasthan (Cybercrime Case on WhatsApp Impersonation)
Facts: A person impersonated another on WhatsApp, sending defamatory messages to their contacts.
Legal Action: Complaint filed under IPC sections 499 (defamation), 66C (identity theft), and 66D (cheating by personation).
Judgment: The court convicted the accused, affirming that impersonation on social media or messaging apps amounts to criminal identity theft.
Significance: Reinforced that digital impersonation attracts both IT Act and IPC provisions.
5. Cyber Crime Complaint: Instagram Impersonation Scam
Facts: A woman’s Instagram account was cloned and used by a fraudster to scam her followers.
Legal Action: Police filed an FIR under the IT Act, and Instagram assisted in identifying the culprit.
Outcome: The accused was arrested and charged with identity theft and cheating.
Significance: Showed how law enforcement and social media companies collaborate to combat identity theft.
Legal Provisions to Note
| Law / Section | Description |
|---|---|
| IT Act Section 66C | Punishment for identity theft (up to 3 years imprisonment or fine) |
| IT Act Section 66D | Punishment for cheating by personation (up to 3 years imprisonment or fine) |
| IPC Section 420 | Cheating and dishonestly inducing delivery of property |
| IPC Section 499 | Defamation |
| IPC Section 506 | Criminal intimidation |
Summary
Social media identity theft is a growing cybercrime involving impersonation and fraud.
Indian law addresses this through the IT Act and IPC, providing punishments and remedies.
Courts have recognized the severity of such crimes and convicted offenders.
Cooperation between social media platforms and law enforcement is vital for resolution.
Victims can file complaints with cyber cells and seek legal recourse.
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