One of the most common patterns on social media and messaging platforms; It is the message of a fake account using the profile photo and name of a person you know: "My number has changed, there is an urgent need, can you please send this amount to this IBAN?" The victim makes the transfer thinking that he is helping his relative; After a while, when he talks to his real relative, he realizes that he was defrauded.
Legal Characterization
This act is within the scope of TCK Article 158/1-f (fraud through information systems). In addition, for the impersonated person, methods of content removal / access blocking may be brought to the agenda within the scope of TCK article 136 (illegal giving or obtaining of personal data), TCK article 245/A (using prohibited device) and Law No. 5651.
Steps to Take as a Victim
Rights of the relative whose identity has been faked
The person whose name/photo is used in the fake account may initiate legal proceedings even if he/she is not the victim of fraud:
- Application for access ban to the criminal judgeship of peace within the scope of Article 9 of Law No. 5651
- Complaint to the Chief Public Prosecutor's Office under TCK Article 136 and Article 245/A
- If moral damage has occurred through a fake account, TBK art.49 + Art.58 non-pecuniary damage lawsuit
- Impersonation report on the platform (uploading an identity document usually speeds it up)
Possibility of Repayment
In fake profile scams, money is usually put into circulation in a short time. The probability of collection is high in the first few hours; then it drops rapidly. Full recovery cannot be guaranteed. However, the probability of success increases when injunction, seizure and bank notification are carried out in parallel.
Preventive Steps
Conclusion
Fake social media profile fraud victimizes both the person being defrauded and the relative whose identity is used. If both people resort to parallel legal action, it increases the possibility of both criminal and legal consequences; However, no definitive promises can be made.