Fake profile or online impersonation: what to do in France
Creating a fake profile in your name, or using your personal data to disturb your peace or harm your reputation, is a criminal offence in France (identity theft). You can have the platform remove the profile and file a police complaint.
Important : If the fake profile accuses you of a specific fact that harms your honour (for example theft), it may also be defamation: in France, the deadline to take legal action is then only 3 months from the first online publication (1 year if the words are racist or discriminatory). Preserve the evidence and the publication date straight away.
Who it is for
Anyone whose name, photos or other personal data are used without consent to pretend to be them online (fake account, fake profile, messages sent in their name), in France or on a service accessible in France.
Time frame
No legal deadline is set for the platform: it must act diligently (DSA). Watch out for the 3-month deadline if the fake profile publishes specific accusations against you (see the warning box).
Cost
Free (reports, police complaint, CNIL).
Legal basis
French Criminal Code, Article 226-4-1: taking someone’s identity or using data that identifies them, in order to disturb their peace or that of others or to harm their honour or reputation, is punishable by 1 year in prison and a €15,000 fine, including online; 2 years and €30,000 if committed by a spouse, cohabiting partner or civil partner (including a former one, Article 132-80). Depending on the case, also: DSA Article 16, GDPR Article 17 and Article 9 of the Civil Code.
The steps
- Before reporting anything, preserve the evidence: exact URL of the fake profile, dated screenshots with the URL visible, posts, number of followers, messages sent to your contacts. A deleted profile often takes its evidence with it.
- Use the platform’s “impersonation” or “fake account” form, which is often separate from the basic “Report” button. If asked, attach an ID document and the link to your real profile.
- If the platform does not act, send an illegal-content notice under the DSA (Article 16), citing Article 226-4-1 of the French Criminal Code.
- File a complaint at a police station or gendarmerie, or by letter to the public prosecutor (procureur de la République), with all your evidence (screenshots, page addresses, messages).
- You can also ask the site’s controller to erase your data (photos, name) under the GDPR, then complain to the CNIL if you get no satisfactory answer within a month.
- If the fake profile is used to scam your contacts or comes with a hack of your accounts, warn the people around you and use 17Cyber, the French public assistance service for victims of cybercrime.
What to prepare
- The exact URL of the fake profile
- Dated screenshots with the URL visible
- A copy of your ID document with a watermark (for example “copy for [platform], [date]”), as Service-Public.fr recommends
- The link to your real profile, if you have one
- Messages or statements from contacts who were approached by the fake profile
Official links
- Service-Public.fr – identity theft (official guide, in French)
- 17Cyber – official help for cybercrime victims (France, in French)
- CNIL – file a complaint online (in French)
- Service-Public.fr – how to file a police complaint in France (in French)
The limits you should know
- A generic report may not be enough: use the dedicated impersonation form and follow up if needed.
- To find out who is behind the fake profile, you generally have to go through the courts (complaint, investigation).
- If the profile is deleted before you take screenshots, the evidence may disappear.
- The offence requires intent: to disturb your peace (or someone else’s) or to harm your honour or reputation.
If it doesn’t work
An official form can go unanswered or be wrongly refused. That’s not the end: there are other doors, heavier but effective — the company hosting the site, the company managing its domain name, the laws of your country, the data protection authority. That’s exactly what we do for you, with your agreement.
- Reporting to the platform
- A written request to the site owner
- The domain name registrar
- The hosting company
- Search engines
- The authority or the courts
This information helps you use your rights. It doesn’t replace advice from a lawyer.