Criminal Lawyers in Fake Social Media Profiles Defense

The creation and management of fake social media profiles with real data of third parties is a contemporary manifestation of identity theft subsumed criminally in various types according to circumstances: civil status usurpation of Art. 401 CP when persistence and integrity of impersonation concur; discovery and disclosure of secrets of Art. 197 CP when personal data are unlawfully accessed or private data of the victim are disseminated; and, frequently, in concurrence with fraud (Art. 248 CP) when economic benefits are obtained through deceit based on the usurped identity, or harassment or stalking (Art. 172 ter CP) when the fake profile is used to harass or intimidate. The protected legal interest is triple: the personal identity of the impersonated victim, the privacy and own image guaranteed by Art. 18 of the Constitution, and, mediately, the security of digital traffic. Consolidated Supreme Court case-law has developed specific criteria for digital impersonation.

The methods of commission in digital impersonation are extraordinarily diverse. Complete impersonation consists of creating a profile that appears to be the victim's using their name, photographs, real biographical data, contact list and recognisable identification elements, managed persistently with appearance of authenticity. Catfishing employs real or synthetic identities to engage in romantic, emotional or economic relations with victims; when the identity of a specific real person is used, it integrates usurpation; when synthetic identities are used, it usually integrates fraud if it obtains economic transfers. Instrumental profiles for cyberbullying or harassment serve to harass the victim under the appearance of a third party. Deepfakes of image, video or voice use generative AI technology to create false content attributable to the victim, integrating possible offences against own image, privacy and, in non-consensual sexual content cases, sexual offences or against moral integrity. Parody or satire accounts clearly identified as such do not integrate usurpation if they do not produce reasonable confusion.

The penalties vary by qualification. Civil status usurpation of Art. 401 CP carries 6 months to 3 years prison. Discovery of secrets of Art. 197 CP carries 1 to 4 years prison and 12 to 24 months' fine, aggravated up to 5 years when disseminated data affect privacy or when the passive subject is minor or vulnerable person. The concurrent fraud adds 6 months to 3 years prison (basic) or 1 to 6 years (aggravated by amount over €50,000). Harassment or stalking of Art. 172 ter CP carries 3 months to 2 years prison, aggravated in gender or domestic violence. The concurrence of various types in real or instrumental concurrence may multiply penalties. Civil liability ex delicto includes compensation for moral, reputational damage, management costs for content removal and identity restoration. Precautionary measures of account blocking and content removal are usual in criminal proceedings.

The technical defense and prosecution of fake profiles are built on four consolidated axes. For the defence of the accused: first, proof of the clearly identifiable satirical or parodic character, excluding impersonation intent; second, challenge of material authorship through computer expert evidence questioning IP attribution (shared WiFi networks, hacked accesses, abandoned devices); third, absence of persistence or integrity in cases of sporadic creation without continuous management. For the victim's prosecution: first, urgent evidence preservation through notarially certified screenshots, timestamping, preservation of URLs and metadata before content deletion; second, judicial request for identification to platforms (Meta, X, TikTok, Google) through judicial order to obtain the IP of profile creation and use, with linkage to a physical connection line via international cooperation where appropriate; third, urgent precautionary measures of content removal under EU DSA Regulation 2022/2065 and, where appropriate, criminal complaint for usurpation, discovery of secrets or concurrent offences; fourth, integral civil claim for moral and patrimonial damages against the identified author.

In current forensic practice, fake profile and digital impersonation proceedings are one of the fastest-growing segments of Technological Criminal Law. Organic Law 1/2025 on Justice Service Efficiency, EU Regulation 2022/2065 on Digital Services (DSA) with reinforced obligations for large platforms, Organic Law 3/2018 on Personal Data Protection, Organic Law 10/2022 on comprehensive guarantee of sexual freedom (relevant for sexual deepfakes) and consolidated Supreme Court and Constitutional Court case-law on privacy and own image configure a robust normative framework. Cooperation with the Central Technological Investigation Brigade of the National Police, the Telematic Crimes Group of the Civil Guard and the sectoral contact points of digital platforms orients prosecution. At Alonso Sala, with 15+ years' experience and a multidisciplinary team of criminal lawyers and forensic cybersecurity experts, we undertake the integral representation of fake profile victims and the technical defence of accused persons, with urgent procedural strategies for evidence preservation, identification of anonymous authors, content removal and complete civil reparation.