As probe threatens to engulf celebs in fake-followers scam, lawyers ask how cops will determine intent
This picture has been used for representation purpose only
While the Mumbai police are examining the social media accounts of more than 100 celebrities whom they suspect of having fake followers, legal experts have different perspectives regarding the culpability of such people, saying police cannot accuse anyone without establishing
intent.
Meanwhile, the SIT probing the alleged racket has written to YouTube, Instagram, Twitter, and Facebook among others. the names of actresses Priyanka Chopra and Deepika Padukone have also figured in the list of 150 individuals about whom police have sought social media details.
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The SIT headed by DCP Nandkumar Thakur suspects the 150 individuals to have fake followers in large numbers. Statements of 21 social media influencers are being recorded as of now.
The ICMP report also named Virat Kohli but Mumbai police did not confirm if they have sought details of his account. "We are investigating based on certain studies and facts which have surfaced. We are not saying the celebrities and other influencers are accused. We are only examining if any of them have these services knowing that the companies are involved in illegal activities," an officer said. The SIT is currently relying on a study by The Institute of Contemporary Music Performance (ICMP) which found 200 influencers with fake followers. Police suspect that they are linked with the 68 companies found to be providing the services. Police are also exploring other such research.
'Need to indicate mens rea'
According to senior lawyer Rizwan Merchant, a person cannot be made an accused until investigating agencies highlight a detail that indicates the person as having mens rea. "If they know that this particular person is a representative of a company overseas which is engaged in the commission of an offence, they can definitely charge them. There are two important aspects — intention and knowledge. Both are necessary. So if you have the knowledge of an offence and you do it deliberately, it means you intended to offend. Celebrities tend to be busy and may not have time to get into such activities," Merchant said.
"When the police get information about an offence being committed, they have the knowledge, which leads to the registration of a case. How can a PR manager or a celebrity know that this is a crime even before the police know? You cannot charge stars and industry fraternity out of question," Merchant added.
Merchant added that police should charge the accused for money laundering because he is representing a company overseas, which means foreign exchange is involved. "Whatever he must be earning, it must have been transferred overseas to the co-offender," Merchant said.
'Identity theft, impersonation'
"Today, everyone's social media following precedes their reputation. Enhancing of social media following is not uncommon through such handlers. However, the wilful misuse of the same through identity theft or impersonation i.e. fake accounts is a crime. The fake accounts serve as an easy money-making scheme as pictures, videos, etc are easily available to create profiles that appear genuine. They often entrap uninformed social media users. Another common instance is an agent/member of staff of the celebrity, with intent to please the employer, engages such people, which is a criminal offence and amounts to clear cheating and fraud as the money trail will provide the proof of the unholy nexus," Dr. Sujay Kantawala, a senior lawyer, said.
Celebs in the dock
1. Ellen DeGeneres (49%)
2. BTS (47%)
3. Kourtney Kardashian (46%)
4. Taylor Swift (46%)
5. Ariana Grande (46%)
6. Deepika Padukone (45%)
7. Miley Cyrus (45%)
8. Katy Perry (44%)
9. Khloe Kardashian (43%)
10. Priyanka Chopra (43%)
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