With the emotional impact and the blur of anonymity involved
in catfishing, many believe legal action should be a consequence. However, with
little exception, there is currently no legal course of action specifically
targeting catfishing in Canada or the United States. Max Joseph, one of the hosts
of the MTV show, "Catfish," put it perfectly in an interview with the
network.
"It’s
identity fraud -- it’s emotional bullying and manipulative. I do think that
there will be a point in the future, near future, where it will be regulated
and various forms of catfishing will be illegal. And people will look back at
this time, in like the early stages of the Internet where you could do anything
and say you were anyone -- and there was this show called Catfish with
these two guys going around to talk to people who had been catfished.[i]"
Although catfishing does not have any specific legal action,
"catfish" can still be charged in the United States and Canada
depending on the intent of the catfishing. For example, while laws vary from
state to state, when the primary intent of the fake account is to swindle
money, the "catfish" can be criminally charged with fraud. However,
cases involving emotional damage are usually limited to civil suits, with most
catfish avoiding criminal charges through the judicial system.
In Canada, there is a three-tiered assessment to determine
whether emotional harm or stress is pertinent to result in charges. There must
be a "degree of outrageous conduct, conduct intended to produce harm,
conduct resulted in a visible and provable medical illness."[ii] If
a valid defense can negate mental illness and/or fraud there is no chargeable
offense.
Other possible legal charges could include misappropriation of
likeness since many catfish use other people's photos and content without
consent. Defamation is another possible charge due to the fact that whomever's
image is being used is connected with the content the "catfish" posts
and therefore false statements could harm the victim's reputation. Stalking or
harassment could be another valid charge for the victim to claim as well.
Despite a lack of catfish-specific laws in the US and Canada,
some progress is being made. A
relatively new law called the Catfishing Liability Act of 2016 took effect
November 1 in Oklahoma. It will allow victims to get a restriction against
people using their names, pictures or voice to create a fake identity on social
media. There has been a lack of momentum in terms of police action being taken
against other people's non-consented use of photos. That is why this law is
considered to be the first of its kind. Oklahoma State Representative John Paul
Jordan, who sponsored the bill, said the injunction could allow greater
attention for Facebook and Twitter to remove the fake accounts and try harder
to figure out who truly made them. Jordan
mentioned in an interview that other states such as California, Pennsylvania
and Texas are looking to create catfishing laws of their own. If you cannot
prove actual damages but you win, the award will be at least $500[iii].
Therefore, it is clear that catfishing is becoming a more
prevalent issue in both the United States and Canada. It is important that law
makers and politicians support laws like the Catfishing Liability Act to keep
online dating and social media users safe from "identity thieves" as
well as to discourage people from trying lure others in for money, fake relationships,
emotional harm, etc. Despite the opportunity for indirect legal action, it is
highly unlikely the victim will win the case.
Thus, it is important that new legislation directly
addressing catfishing is put into place in order that catfish can be more
easily charged with a criminal offence and to better outline civil remedies for
victims who have been emotionally or otherwise injured.
[i] Ossad,
Jordana (November 3, 2016). Crimes of the Internet: Should Catfishing Be
Illegal?. Retrieved from http://www.mtv.com/news/2753443/catfish-illegal-nev-schulman-max-joseph/.
[ii] WebPreserver
(March 5, 2015). Cybercrime Update: CatPhishing. Retrieved from https://webpreserver.com/cybercrime-update-catphishing/.
[iii] Morrison,
Sara (May 17, 2016). New Anti-Catfishing Law is the Toughest in the US. Retrieved
from http://www.vocativ.com/319357/new-anti-catfishing-law-is-the-toughest-in-the-us/.
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