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The NZ Herald reports

Kiwi celebrities are being targeted by social networking frauds, who are forging Twitter and Facebook accounts in their names.

False profiles are being created in the names of sports stars such as All Black captain Richie McCaw, Black Caps skipper Daniel Vettori as well as broadcasters and TV personalities.

The fictitious sites are fooling fans and friends into believing the profiles are real.

Internet safety watchdogs say creating a bogus website is illegal under the Crimes Act, and those targeted should take their concerns to police.

NewstalkZB host and Herald on Sunday columnist Kerre Woodham was shocked to discover this week that someone had set up a fake Twitter account in her name.

The page, which has 16 followers, writes updates from “kerrewoodham” such as “well thank god thats [sic] over with. need gin! NEED!”

Woodham was alerted to the fake site after someone sent her an email saying they were following her profile.

“I don’t use Twitter and I don’t even drink gin. It’s ridiculous,” she said. “I hate the anonymity of it. I’m stunned people are allowed to come on at face value. It’s kind of irresponsible.”

Two of Woodham’s Twitter followers are Victoria Cross recipient Willie Apiata a fake Twitter profile claiming to be written from Afghanistan and TV3’s Campbell Live host, John Campbell his real Twitter page.

Last year, Paul Holmes discovered a Twitter account in his name, despite the broadcaster never setting up an account.

He wrote in his Herald on Sunday column: “The Twitter site that claims to be mine is not. I have never Twittered in my life. I would not know how.” There is also a fake Facebook page under Holmes’ name.

Dancing With The Stars host Jason Gunn found himself fooled by someone pretending to be former Good Morning host Mary Lambie on Facebook in 2008. The fraudster was so convincing that he agreed to be her “friend” on the site, giving the fake user access to his personal information.

Gunn has an official Facebook page, but rarely uses it. If he found someone deliberately defaming him on a social networking site, he said he would not hesitate to contact police.

Read the rest of the article here >>>

The article makes mention on several occasions that pretending to be someone you are not is a criminal offense and the article closes by advising that if you find yourself to be the victim of an impostor you are to go to the police.

Identity Theft, Harassment

The article mentions that people who fin themselves a victim of such practices as described in the article, should go the police as it is according to Martin Crocker a crime to act as someone else. What Crocker appears to overlook or deliberately does not mention is that it is not as clear cut as it may seem.

Harassment Act 1997

When someone sets up a webpage (or uses documents like passports) to pretend they are you is what is considered identity theft. Sometimes on social networking sites, people can set up a page which looks like you made it, but it says mean things about you and makes you look bad. This is a form of harassment and any kind of harassment – online or off – is against the law. I think it is not too hard tp imagine this being a form of civil harassment, that could be stopped along civil lines besides using the abuse complaint options of different social networking sites.

Going to the police is for a criminal complaint is the next step. The first thing that comes to mind reading the article is criminal harassment. Section 8 of the Harassment Act 1997 reads:

8. Criminal harassment – (1) Every person commits an offence who harasses another person in
any case where –
(a) The first-mentioned person intends that harassment to cause that other person to fear for –
(i) That other person’s safety; or
(ii) The safety of any person with whom that other person is in a family relationship; or
(b) The first-mentioned person knows that the harassment is likely to cause the other person,
given his or her particular circumstances, to reasonably fear for –
(i) That other person’s safety; or
(ii) The safety of any person with whom that other person is in a family relationship.

“Safety” is defined to include a person’s “mental well-being” and I guess your mental well being could be seriously affected where someone is making you look bad purporting to be you.

But Crocker is talking about fraudulent.

Crimes Act

The Crimes Act sections that originally dealt with matters this were the old and repealed Crimes against reputation. Other options that may be open here are:

• criminal nuisance Section 145 Crimes Act whereby safety is “safety” analogue to the reasoning in the Harassment Act is understood to also include mental health;
• Obtaining or causing loss by deception Section 240 Crimes Act, which appears to me gives better options and carries a higher penalty.

As far as I know there has not been any criminal case law that deals with the matter of fake profiles so why not make yours the first. What I wonder though is what will happen when you do walk into the police station. I doubt, without showing considerable losses caused by the actions of an impersonator, whether there will be any serious attention for you matter.I could just hear the “this sounds more like a civil case to me” coming from the other side of the desk. And in all fairness there is plenty to deal with on the plate of any police officer. I am not sure whether this should get criminal priorities unless there is an actually good reason to do so.

Filed under: HEADLINES, LAW