Impersonation and Fake Accounts
A Facebook account bearing a well-known officer's photo and promising people jobs, a page in a doctor's name selling bogus consultations, an account in a young woman's name used to spread material damaging her reputation. Online impersonation takes many forms. The office of Ali Barakat in al-Yarmouk, Baghdad, explains the provisions used to hold impersonators to account.
The fake account itself
Creating an account in another person's name has no standalone offence in Penal Code No. 111 of 1969. As usual, the question is what the account was used for, and the provisions vary with the purpose. Several may combine in one set of facts, such as someone posing as an official and posting a forged letter to take money from people.
Impersonating a public office
Article 260 punishes, with detention of up to three years, anyone who impersonates a public office, interferes in a civil or military public office or service, or performs any of its functions without right, official capacity or authorisation. An account whose holder presents himself as a department official and promises to complete paperwork or secure appointments comes close to this. Article 262 lets the court, for offences in this chapter, order the judgment or its summary published in one or more newspapers.
Fraud by false name
Where the aim is money, article 456 punishes obtaining someone's property by using a false name or false capacity capable of deceiving the victim. An account impersonating someone to ask acquaintances for money, or a company to sell goods never delivered, is fraud. See Electronic fraud.
Fake documents
Many impersonators post images of fake official letters or IDs to convince victims. Article 286 defines forgery as altering the truth with intent to deceive in a document or record, by a means the law sets out, in a way capable of causing harm. Article 289 punishes forgery of an official document with imprisonment of up to fifteen years, article 295 covers ordinary documents, and article 298 punishes knowingly using a forged document with the same penalty as forgery. Article 292 punishes obtaining an official licence or identity card under a false name or identity.
Abuse from a fake account
Where a fake account is used to post material harming the named person or others, the provisions are defamation and insult under articles 433 and 434, and publishing private life under article 438. Using the person's own name to post degrading content multiplies the harm, since words he never said are attributed to him. See Online defamation and insult.
Who complains
The person whose name was taken is a victim of defamation, insult or disclosure where the content touches him, and article 3 of Criminal Procedure Code No. 23 of 1971 requires his complaint within three months under article 6. Anyone deceived into paying is a fraud victim. Impersonating a public office and forgery do not depend on a complaint, and anyone who knows of them may report under article 47. A department whose name or employee was impersonated may report too.
Practical steps
Report the account to the platform as impersonation after saving screenshots showing its name, link, photos, posts and creation date if visible. Post a notice from the real account that the other one is fake, without naming suspects. Collect the names of people the impersonator contacted or deceived so they can be heard as witnesses. Then complain to the investigating judge, who can appoint an expert and order production of useful material. See Hacked account or phone complaint.
Legal basis and sources
- Penal Code No. 111 of 1969 (Official Gazette No. 1778 of 15/12/1969) — Articles 260, 262, 286, 289, 292, 295, 298, 433, 434, 438 and 456
- Criminal Procedure Code No. 23 of 1971 (Official Gazette No. 2004 of 31/5/1971) — Articles 3, 6 and 47
Frequently asked questions
Is creating an account in my name a crime?
There is no standalone offence for creating it, but using it to abuse, defraud or impersonate a public office falls under the Penal Code.
What is the penalty for impersonating an official?
Detention of up to three years under article 260 of the Penal Code.
Does impersonating a public office need a complaint?
No. Anyone may report it under article 47 of the Criminal Procedure Code.
Related topics and articles
- 01Online Defamation and InsultDefamation, insult and smearing on Facebook, TikTok and WhatsApp under articles 433 to 436 of the Iraqi Penal Code: the difference, publicity, proving truth, the three-month complaint and compensation.
- 02Electronic FraudOnline fraud under Iraqi law: article 456 of the Penal Code, fake sellers, verification codes, mule accounts, territorial jurisdiction and recovering money.
- 03Hacked Account or Phone ComplaintWhat to do in Iraq when an account or phone is hacked: the provisions that apply to what the intruder does, complaining to the investigating judge, jurisdiction, production orders and technical expertise.
- 04Online Threats and ExtortionHow the Iraqi Penal Code handles threats and extortion by phone and social media: articles 430, 431, 432 and 452, the complaint and its deadline, preserving evidence, and reconciliation.
- 05Publishing Private Photos and ChatsPublishing private photos and chats without consent under article 438 of the Iraqi Penal Code: private life, disclosing messages and calls, professional secrets, the complaint and compensation.