Criminal Defamation Charges for Creating Fake Social Media Accounts

Using the internet to slander or hurt another person such as creating face social media accounts may result in teens facing criminal defamation charges.

Tech age

Much of the communications going on between teenagers takes place over electronic devices through the use of text messaging as well as social media apps including Instagram, SnapChat, and Facebook. Often when things go sour, teens will take to the internet to simply vent and sometimes to retaliate on those who wronged them. Long ago were the days of whispering gossip in the school halls, as now everything is done from a teen’s cell phone. Malicious posts, IM’s, and even seconds long messages can spread like wildfire on social media, causing a lot of damage in its wake.

Fake social media accounts

One very damaging way that teens may lash out at one another online is by creating fake social media accounts. These fake social media accounts are created to look as though they belong to the other person, leaving the begrudged peer open to ruin the other’s online reputation. Fake social media accounts are simple to set up and usually free as well. All that is needed is an email address which is also simple to obtain and a fake name, or the exact name of the detested teen. Photos can be easily stolen from the profiles of online accounts and teens then have a way to get revenge on those they loathe.

Digital footprint

What happens on the internet stays on the internet and leaves a digital footprint there as well. Although social media accounts and email servers don’t require identification and can be created using phony information, law enforcement has ways to tie these malicious accounts back to the person that created them. When online communications are being spread at another’s expense, the aggressor could face criminal defamation charges.

Criminal defamation

Utah Code 76-9-404 states: “A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing [or online] any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule. Criminal defamation is a class B misdemeanor”, punishable by up to six months in jail and a fine up to $1,000. Additionally, if any personal information about a minor is shared on the fake social media account without permission, the accused may also face a class A misdemeanor, punishable by up to a year in jail and a fine of $2,500. Teens who are facing criminal charges for publicly slandering another online are encouraged to immediately seek legal counsel with their parents.