Definition and manifestations of catfishing Catfishing refers to the phenomenon in which a person deliberately fakes a false identity on the internet in order to manipulate other users emotionally or financially. Perpetrators often create fake profiles on social networks or dating platforms, use fictitious details and stolen or manipulated photos to build trust. The aim of this deception can be to lead victims into emotional ties or financial dependency. Catfishing exploits the anonymity and lack of personal verifiability on the internet.

Legal classification and relevant offenses In German law, “catfishing” does not constitute an independent criminal offense, but often coincides with several laws:

• If third-party images are used without consent, this regularly constitutes a violation of the right to one’s own image (Section 22 KUG) and possibly also of the general right of personality.
• If the perpetrator deliberately misrepresents facts in order to persuade the victim to hand over money or valuables, this is generally fraud in accordance with Section 263 of the German Criminal Code (StGB), provided that the requirements of deception, error and misappropriation of assets are met.

Civil law consequences Even if emotional abuse alone is difficult to prosecute under criminal law, civil law claims can be asserted. Victims can sue for injunctive relief or damages for intentional immoral damage (Section 826 BGB). The prerequisite for this is that the perpetrator’s behavior has demonstrably led to concrete damage, for example through psychological stress or financial losses due to manipulation.

Responsibility and liability of platform operators The operators of online platforms generally respond to catfishing reports by deleting the corresponding profiles. However, their liability for third-party content is limited: According to Section 10 of the German Telemedia Act (TMG), platforms are only liable for content from the time they become aware of it. They are obliged to remove content promptly following specific indications of illegal activity, but cannot be held responsible for the existence of fake profiles.

Practical steps for those affected Those affected should secure evidence for legal protection, for example by taking screenshots and saving chat histories, as this is crucial both in civil proceedings and in the event of criminal charges. Depending on the specific case, it may be possible to file a criminal complaint with the police or public prosecutor’s office, especially in cases of suspected fraud or copyright infringement.

Preventive measures and social significance Catfishing illustrates the challenges in the digital age of effectively transferring traditional protection mechanisms such as personal acquaintances or direct verification of identities to the internet. Legal steps usually only take effect after the fact and often only to a limited extent, which is why education and awareness-raising about the risks and protection options when dealing with online contacts are of central importance. Education and prevention programs as well as technical measures for authenticity verification on platforms can help to reduce cases of catfishing.

Conclusion on the legal assessment of catfishing In summary, catfishing remains legally complex, as it affects various areas of personal, criminal and civil law without constituting a specific offense. Dealing with catfishing cases requires both legal and social solutions in order to effectively protect victims and hold perpetrators accountable.