In the digital age, "dummy" or fake social media accounts have become tools for misinformation, harassment, and identity theft. In the Philippines, while creating a pseudonym isn’t always illegal, using a fake identity to commit crimes or deceive others carries significant legal weight under the Cybercrime Prevention Act of 2012 (Republic Act No. 10175) and the Civil Code.
I. How to Identify a Dummy Account
Before taking legal action, it is essential to establish indicators that an account is fraudulent. While no single trait is definitive, a combination of these factors often points to a "dummy" profile:
- Lack of Personal History: Profiles with no "Timeline" history, very few friends/followers, or accounts created very recently.
- Stolen or Stock Imagery: Using photos of celebrities, models, or other private individuals. You can verify this using a Reverse Image Search.
- Highly Polarized or Repetitive Content: Accounts that exist solely to share political propaganda, spam links, or harass specific individuals.
- Inconsistent URLs: On Facebook, the name in the profile URL (e.g.,
facebook.com/juan.delacruz.5) often differs from the displayed name if the account was repurposed.
II. Legal Bases for Action
Under Philippine law, several statutes can be used to hold creators of dummy accounts accountable:
- Computer-Related Identity Theft (Sec. 4(b)(3), R.A. 10175): This is the primary charge for dummy accounts that use a real person’s name and photos without consent. It punishes the "intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another."
- Cyber Libel (Sec. 4(c)(4), R.A. 10175): If a dummy account is used to defame or tarnish your reputation, the creator can be charged with Cyber Libel.
- Unjust Vexation (Article 287, Revised Penal Code): If the account is used for persistent trolling or annoyance that causes distress, even without specific defamatory statements.
- Civil Code Provisions: Article 26 protects every person's "peace of mind" and privacy. Creating a dummy account to pester or spy on someone can be a ground for an injunction and damages.
III. Step-by-Step Reporting Process
1. Preservation of Evidence
Before the account is deleted or the content is changed, you must document everything.
- Screenshots: Capture the profile page, the URL, and specific offending posts or messages. Ensure the date and time are visible.
- Record the Link: Copy the direct permanent link (URL) of the profile.
2. Platform-Level Reporting
Report the account directly to the service provider (Facebook, X/Twitter, Instagram). Use the option "Pretending to be me" or "Fake Account." Under the Data Privacy Act of 2012, platforms are increasingly pressured to act on reports involving the misuse of personal data.
3. Reporting to Law Enforcement
If the account is being used for threats, extortion, or identity theft, you should elevate the matter to:
- PNP-ACG: Philippine National Police Anti-Cybercrime Group.
- NBI-CCD: National Bureau of Investigation Cybercrime Division.
Note: These agencies can issue a Preservation Order to the social media platform, requiring them to keep the account's data (IP addresses, login logs) even if the user tries to delete the profile.
IV. Summary of Penalties
The penalties for crimes involving dummy accounts are severe under the Cybercrime Prevention Act:
| Crime | Penalty |
|---|---|
| Computer-Related Identity Theft | Prision mayor (6 to 12 years imprisonment) and/or a fine of at least ₱200,000. |
| Cyber Libel | One degree higher than standard libel; typically 6 years and 1 day to 12 years. |
V. Practical Recommendations
If you find a dummy account using your likeness, do not engage with it publicly. Engagement often alerts the perpetrator, leading them to delete evidence before you can document it. Instead, quietly gather your screenshots and proceed to the NBI or PNP.
Would you like me to draft a formal demand letter that you can send to a social media platform to request the take-down of a specific account?