What is Catfishing?
Catfishing refers to the act of creating a false online identity or persona in order to trick or deceive someone, typically for romantic or financial purposes (https://en.wikipedia.org/wiki/Catfishing)
Catfishing works by creating fake profiles on social media sites, dating apps, or other online platforms using photos and information taken from elsewhere. The catfish will then initiate contact and build relationships with unsuspecting targets. Common tactics used include using someone else’s photos, assuming a fake name or biography, inventing family members or life events, asking for money, and avoiding video chats to hide their real identity.(https://www.teenvogue.com/story/signs-youre-being-catfished)
The term catfishing comes from fisherman who “used to tank cod from the Atlantic and Pacific waters and send them to Asia. Without a constant flow of oxygenated water, the fish would arrive in Asia no longer suitable for eating. But some fisherman came up with a solution: they put catfish in the tanks with the cod to keep them active during their long journey.” In the same way, catfishes online aim to keep their targets active and engaged under false pretenses. (https://www.teenvogue.com/story/signs-youre-being-catfished)
The Impact of Catfishing
Catfishing can have severe emotional and psychological effects on victims. When someone believes they are developing a genuine relationship only to discover it was fake, it can cause trauma, anxiety, depression, and damaged self-esteem (https://www.cybersmile.org/what-we-do/advice-help/catfishing). Victims may experience a sense of betrayal and struggle to trust people again after being catfished.
In addition to the emotional toll, catfishing often results in wasted time, money, and effort on the victim’s part. Victims may spend a lot of time communicating with the catfisher, traveling to meet them, or even sending them money. This takes a heavy toll, especially when the victim discovers the deceit.
Furthermore, catfishing can damage a victim’s real relationships and reputation. For example, if the victim neglects relationships or shares private details with the catfisher, it can negatively impact their connections with family and friends. The victim’s reputation can also suffer if private details are made public by the catfisher.
Catfishing Can Facilitate Other Crimes
Catfishing is often used to perpetrate additional criminal activity beyond just impersonating someone online. Catfish will adopt false identities in order to gain access, money, or information that can then enable them to commit more serious crimes.
One of the most common crimes facilitated by catfishing is financial fraud. A catfish may pretend to be a love interest in order to scam their victim out of large sums of money over time. According to the Federal Trade Commission, romance scams like this resulted in losses of $304 million in 2020 alone.
Predators also frequently use catfishing to target and abuse victims. By pretending to be a peer, predators can gain trust and lure minors into inappropriate relationships. A Government Accountability Office study found that in 2010, over 4,000 incidents of online enticement of children were reported to law enforcement.
Catfishing accounts can also enable stalking, harassment, and other forms of abuse. Criminals adopt false identities to disguise their real motives and avoid detection. According to a study by Working to Halt Online Abuse, over 70% of online harassment victims reported their perpetrators using fake accounts.
As these examples illustrate, catfishing goes hand-in-hand with many types of criminal activity. The false identities provide cover that emboldens predators and fraudsters to expand the scope of their illegal behavior. Combatting catfishing is an important step in fighting these other more serious crimes (source1, source2).
Lack of Recourse for Victims
One of the main issues around catfishing is the difficulty victims face in getting any legal recourse or assistance from authorities. Under most current laws, catfishing itself is not a prosecutable crime. As one legal expert explains, “Representing yourself differently online than in real life isn’t illegal. And unfortunately, there’s not a lot of recourse when the deception is discovered” (source). Unless the catfisher’s actions extend into clear criminal territory like fraud, stalking, or extortion, victims have little power to pursue legal justice.
Police are also often unwilling or unable to help catfishing victims. Since impersonating someone online is not a crime in itself, many police departments will not dedicate resources to investigating catfishing cases. Platforms where catfishing takes place can also be ineffective places for victims to find recourse. Social media sites and dating apps have reporting tools, but frequently fail to take action against fake accounts engaging in catfishing.
This lack of official support leaves catfishing victims with almost no way to have their grievances addressed. Without recourse, catfishers can continue their deceptive and manipulative actions without consequences. Giving victims a clear legal path to pursue catfishing as a crime would provide much-needed ability to take action.
Making Catfishing a Crime
Some suggest that new laws should specifically make catfishing a crime. This would create a criminal offense that law enforcement could directly charge catfishers with, rather than having to rely on more tangential crimes like fraud or identity theft [1]. The offense could potentially be a felony if the catfishing was used to enable other serious crimes like sexual exploitation of a minor [2].
Having a codified catfishing offense would make it easier for police to investigate and prosecute clear-cut cases. They could more easily obtain warrants related to the catfishing activity. It would also validate catfishing as an issue and help classify it as a potential crime versus just unethical behavior [3].
Criticisms and Counterarguments
Some may argue that making catfishing a crime infringes on free speech and goes too far in criminalizing online behavior. According to an article published in the Columbia Law Review, “The penalties for catfishing would likely violate the First Amendment because catfishers do not necessarily intend to inflict dignitary, emotional, or financial harm” [1]. The article argues that catfishing often stems from loneliness or a desire for connection, not criminal intent. Criminalizing catfishing could set a precedent for restricting other common but potentially misleading online speech and activities.
Furthermore, intent can be difficult to prove in catfishing cases [2]. Catfishers may argue they never meant any harm and were engaging in fantasy or roleplaying. Critics caution that laws against catfishing could lead down a slippery slope where many minor lies or omissions online could become criminal offenses. There are also concerns that catfishing laws could disproportionately impact marginalized communities who rely on online spaces for safety and anonymity.
While these are valid concerns, there are ways to craft catfishing laws narrowly to avoid infringing on free speech and only criminalize deliberate deception that leads to clear harm. With careful legislation, we can deter truly fraudulent catfishing without over-criminalizing online behavior.
Responding to Criticisms
While some argue that criminalizing catfishing would go too far, laws can be narrowly focused on clear cases of catfishing with malicious intent or repeated acts. For example, the law could specify that catfishing is only illegal if done repeatedly to the same victim, if there is demonstrated harm such as financial fraud, or if intimate images are shared without consent. This would be analogous to existing fraud laws that only punish cases where there is clear criminal intent and harm caused.
The goal would not be to criminalize all forms of online impersonation or benign forms of catfishing. Rather, the law would target those who repeatedly use fake personas to manipulate, exploit, and harm others. With carefully crafted legislation, the law can punish truly predatory catfishing without infringing on free speech rights or consensual online roleplaying.
Additionally, catfishing laws could require demonstrating significant emotional distress or reputational damage to the victim in order to criminally prosecute. This would ensure only the most harmful cases are covered, while avoiding criminalizing commonplace online hyperbole or fibbing. With measured implementation and narrow scope, criminalizing catfishing has the potential to give victims real legal recourse while deterring malicious acts.
Other Ways to Deter Catfishing
While making catfishing a crime would deter some people, there are other ways to reduce catfishing without legislation.
Improved technology tools can help detect fake accounts more quickly. Platforms like Facebook, Instagram and dating apps are using AI to analyze profiles and flag ones that may be fake before they can do harm (1).
Educating users on how to spot catfishing attempts can prevent people from becoming victims in the first place. Looking for inconsistencies in photos, sparse profiles with few friends, and refusing requests from strangers are some precautionary steps (2).
Social media and dating platforms can also cut down on catfishing by having clear impersonation policies. Rules against using false information and pretending to be someone else, combined with enforcement, provides deterrence (3).
While not foolproof, improvements in technology, education and policies place more barriers to catfishing without passing new laws.
Examples of Harmful Catfishing Cases
Some harmful real-world examples of catfishing illustrate why better legal protections may be needed:
In one devastating case in 2008, a woman named Angela Smith catfished a man named Anthony using photos of a model. Anthony believed he was in a relationship and sent intimate images and videos. When he discovered the deception, he died by suicide. Angela was only charged with computer hacking crimes (source).
Another infamous case involved Notre Dame football star Manti Te’o in 2013. A man named Ronaiah Tuiasosopo catfished Te’o for years, ultimately fabricating an entire online relationship with a fake woman who supposedly died of leukemia. The hoax drew massive media attention and scrutiny, causing emotional trauma for Te’o (source).
These examples and others demonstrate how catfishing can facilitate serious harms like fraud, emotional manipulation, privacy violations, and reputation damage. Victims often have little legal recourse, highlighting the need for reforms to deter catfishing and assist victims.
Conclusion
Catfishing is a harmful act that can deeply wound and scar unsuspecting victims. Malicious catfishers manipulate innocent people’s emotions and exploit their vulnerabilities, often for their own amusement.
The psychological and emotional damage from catfishing can last for years and leave trauma that victims may never fully recover from. Lives and reputations can be ruined. Victims may even be driven to acts of self-harm or suicide.
With the rise of social media and online dating, malicious catfishing has become far too common. Yet most cases go unpunished. Existent laws only address some of the most egregious cases of financial fraud or malicious impersonation. Targeted laws are needed to deter the act of manipulating and deceiving others online.
Catfishing leaves very real victims that deserve justice. Laws that specifically make malicious catfishing a punishable offense would empower victims and hold deceitful perpetrators accountable. With harsh penalties and better enforcement, the tragic harm caused by malicious catfishing can be reduced.