Is Catfishing Illegal?

In the digital age, meeting people online has become second nature. But with this shift has come a darker trend: catfishing. You may have heard the term from pop culture, news stories, or viral podcast episodes. But what does it really mean, and more importantly, is catfishing illegal?

This blog delves into the murky legal waters of online impersonation, focusing on Irish law, and helps you understand where the line is drawn between mischief and criminality.

What is Catfishing?

Catfishing is the practice of establishing a false online persona—usually through the use of someone else’s photographs, name, or personal information—in order to mislead other individuals. Such a persona can be totally invented or taken from actual people.

The motivations for catfishing vary. Some people do it for emotional reasons—seeking companionship or attention—while others have more sinister intentions, such as financial fraud, blackmail, or manipulation. A catfish might engage in:

• • Fake romantic relationships
  • Scams requesting money or gifts
  • Gaining private images or personal data under false pretences
  • Damaging someone’s reputation

So while the act of pretending to be someone else online might seem like a prank to some, it can have serious emotional and legal consequences.

Is Catfishing Illegal in Ireland?

Under Irish law, there is no single statute that explicitly states “catfishing is illegal.” That said, the actions taken during or as a result of catfishing can absolutely be considered criminal offences under various legal frameworks. Let’s explore a few:

1. Fraud and Deception

If a person is manipulated into paying money, supplying services, or divulging valuable information because of catfishing, the perpetrator may be prosecuted under the Theft and Fraud Offences Act 2001.

For instance, if a catfish fakes being in love with someone and tricks them into sending money for a fake emergency, this would be charged as fraud.

Primary charge: Obtaining goods or money by deception.

2. Harassment

If the behaviour crosses into persistent, threatening, or harmful territory, it may amount to harassment, governed by Section 10 of the Non-Fatal Offences Against the Person Act 1997.
This might include:

• • Repeated unwanted messages
  • Emotional manipulation
  • Monitoring someone’s activities online

The Rise of Coco’s Law

The most comprehensive legal development around online abuse in Ireland is the Harassment, Harmful Communications and Related Offences Act 2020, widely known as Coco’s Law. This legislation was enacted in response to growing digital harassment and image-based abuse.

Under this law:

• • Section 2 criminalises the non-consensual distribution of intimate images, especially where intent to cause harm exists (commonly called revenge porn).
    • • Penalty: Up to 7 years in prison.
  • Section 3 covers distribution without consent but without intent to harm.
    • • Penalty: Up to 12 months in prison.
  • Section 4 targets harmful communications, including texts, videos, or posts that intentionally cause serious harm, fear, or distress.

Even a single harassing message can lead to prosecution—persistent contact is no longer required.

In the context of catfishing, if someone shares intimate photos sent to them under false pretences, or repeatedly sends deceptive messages, Coco’s Law could apply.

If you’re traveling to Ireland or communicating with someone based there, heed this catfishing Ireland travel warning: Always verify identities, be cautious when forming online relationships, and know your legal protections.

Is Catfishing for Money Illegal?

Absolutely. While pretending to be someone else online is not necessarily illegal on its own, doing so to extract money or financial gain from someone crosses a legal line.

This kind of catfishing can fall under:

• • Theft and Fraud Offences Act 2001
  • Cybercrime provisions under Data Protection and Criminal Justice laws

Whether the catfish is posing as a romantic partner, job recruiter, or even a fake charity, such acts of deceit are prosecutable once money or assets change hands under false pretences.

Proposed Law: Making Catfishing a Standalone Offence

As a result of high-profile catfishing instances, such as the so-called “GAA catfish” case, politicians have begun to acknowledge the necessity for more direct legislation.

A 2024 Bill to amend the Non-Fatal Offences Against the Person Act has been put forward, which would criminalise and define catfishing as a standalone offence. It would punish impersonating another person online without their permission, especially when it results in emotional or psychological distress, if enacted.

This cause has been championed by Senator Fiona O’Loughlin, who has demanded stronger laws to safeguard digital users, particularly women and youth.

How to Protect Yourself from Catfishing

In the meantime, until the law catches up fully with digital trends, individuals can take certain steps to stay safe:

Verify Online Identities

• • Use video calls before engaging in any form of emotional or financial relationship online.
  • Reverse-image search profile pictures to check for fakes.

Be Cautious With Personal Data

• • Don’t overshare, especially with someone you haven’t met in person.
  • Avoid sending intimate images or financial details to strangers.

Report Suspicious Behaviour

• • Most platforms allow users to report suspicious profiles.
  • If a crime has occurred, contact An Garda Síochána immediately.

Conclusion – Is Catfishing Illegal?

So, is catfishing illegal? Not in a black-and-white sense—yet. In Ireland, catfishing itself is not a criminal offence per se, but many acts commonly associated with it are covered under existing legislation.

From fraud to harassment and intimate image abuse, Irish law has multiple provisions that can address different layers of catfishing. With new bills being considered, the legal system is clearly moving toward recognising the full scope of harm that online impersonation can cause.

In the meantime, awareness, vigilance, and reporting are the best tools we have.
If you’ve been affected by online impersonation or are seeking legal advice regarding a digital crime, Fahy Bambury’s experienced crime lawyers can help guide you through your options.

Also Read: Civil law vs Criminal law