Catfishing (WA)

The term ‘catfishing’ refers to the use of a fake online identity to mislead another person. This may occur with the intention of committing financial fraud or inducing a person to start an online romantic relationship. This page deals with catfishing in Western Australia.

How does catfishing work?

Catfishing occurs when someone creates a fake social media account and uses it to connect with others in order to deceive a person. The fake account may use the identity of a real person such as a public figure or a friend of family member of the person being targeted.

Catfishing may be done in order to extort money, to blackmail a person, to manipulate or control a person or to cause other forms of harm.

Catfishing may occur on dating sites or on social media platforms. The fake profile may be used to request money from individuals who believe they have formed a relationship with someone who is in genuine need. They may also be used to cause emotional distress to the targeted person if the catfish has a personal grudge or vendetta.     

Is catfishing illegal?

While the act of catfishing itself is not an offence, there are behaviours that commonly follow catfishing that can be prosecuted under the criminal law of Western Australia. Some of these are outlined below.

Fraud

Fraud is an offence under section 409 of the Criminal Code. There are a range of behaviours that may amount to fraud including where a person uses deceit to obtain property, gain a benefit, cause a detriment, or induce a person to do an act that they are entitled not to do or refrain from doing an act that they are entitled to do.

Fraud is punishable by up to seven years imprisonment in WA.

Property laundering

A catfish may also use their fake profile to carry out property laundering offences. Property laundering occurs when a person receives, possesses, conceals, disposes of, or deals with money or property that is the proceeds of crime. It carries a maximum penalty of 20 years imprisonment.

Catfishing may be used to carry out property laundering offences where a catfish persuades a person who they have befriended online to receive property and send it elsewhere, or have money paid into their account and then transfer it elsewhere.

Sexual offences

Catfishing may be used to engage in sexual activity. This may amount to a criminal offence particularly where a person under 16 is involved. If catfishing is used to engage in sexual activity with a minor, the offence of using electronic communications to procure a child under 16 (section 204B) may be committed. This offence is punishable by up to five years imprisonment. If the child involved is under 13, the maximum penalty is 10 years imprisonment.

Stalking

A person’s use of fake social media or dating profiles may amount to stalking under WA law. Stalking is an offence under section 338E of the Criminal Code that occurs when a person pursues another person with intent to intimidate that person or another person. This includes repeatedly communicating with a person, following the person, causing the person to receive unsolicited items, or watching or visiting their home or work.  

Stalking is a serious offence that can attract a maximum penalty of imprisonment for three years (or eight years if the offence is aggravated).

What can I do about a catfish?

If you have been contacted by someone you suspect is a catfish, you can take the following steps:

• Report the profile to the App or social media platform
• Take screenshots of the activity
• Block the profile
• Report the behaviour to the eSafety Commissioner

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.