05:39
Faizan
Your legal liability for creating a fake Facebook page can range from a minor breach of the Facebook terms of use, resulting in no penalty, to serious criminal charges resulting in fines and jail time. Your legal liability will depend on the nature of your conduct and the way your conduct is perceived and acted upon by third parties.
Facebook Terms of Use
The Facebook Terms of Use state that users must not provide false personal information on Facebook, use fake names or create accounts for third parties without their permission. In addition, users are not allowed to have multiple accounts and Facebook states that if they delete your account you must not re-create it without their permission. Failure to comply with Facebook's Terms of Use by creating a fake page can result in the deletion of that page.
Fraud
If a fake Facebook page is designed to perpetrate some type of fraud, it is possible that the creator could be charged. Although the definition of fraud is different in most states, the general definition is an intentional deception made for personal gain. Creating a fake Facebook page could be perceived as intentional deception, if the creator also uses the website to make a profit, he could be held accountable for fraud.
Libel
Libel is a cause of civil action that applies when someone broadcasts a statement giving an individual, business, government or other entity a negative image. Libel laws are different in every state, but if an individual is creating a fake Facebook page to give someone a negative image, he may be liable for libel.
Cyberbullying
If a fake Facebook page is being used to harass or otherwise target an individual, it is possible that the proprietor of the Facebook page could be charged with harassment or cyberbullying. Not all jurisdictions at time of publication recognize a cause of action for cyberbullying, but individuals have been arrested in the past under cyberbullying laws in Florida for creating fake Facebook pages. Check your state and local laws to determine if your jurisdiction recognizes cyberbullying as a cause of action.
Facebook Terms of UseThe Facebook Terms of Use state that users must not provide false personal information on Facebook, use fake names or create accounts for third parties without their permission. In addition, users are not allowed to have multiple accounts and Facebook states that if they delete your account you must not re-create it without their permission. Failure to comply with Facebook's Terms of Use by creating a fake page can result in the deletion of that page.
Fraud
If a fake Facebook page is designed to perpetrate some type of fraud, it is possible that the creator could be charged. Although the definition of fraud is different in most states, the general definition is an intentional deception made for personal gain. Creating a fake Facebook page could be perceived as intentional deception, if the creator also uses the website to make a profit, he could be held accountable for fraud.
Libel
Libel is a cause of civil action that applies when someone broadcasts a statement giving an individual, business, government or other entity a negative image. Libel laws are different in every state, but if an individual is creating a fake Facebook page to give someone a negative image, he may be liable for libel.
Cyberbullying
If a fake Facebook page is being used to harass or otherwise target an individual, it is possible that the proprietor of the Facebook page could be charged with harassment or cyberbullying. Not all jurisdictions at time of publication recognize a cause of action for cyberbullying, but individuals have been arrested in the past under cyberbullying laws in Florida for creating fake Facebook pages. Check your state and local laws to determine if your jurisdiction recognizes cyberbullying as a cause of action.
Posted in: facebook
