How Indian laws address cybercrimes in dating applications

Off lately, the popularity of online dating applications has soared, and rightly so. These platforms connect individuals from all walks of life and offer the promise of love and companionship. However, a shadow of concern looms over it with a significant surge in cybercrimes.

As many persons are inclined towards seeking intimate connections through these online platforms, fraudsters turned their attention to them. The cybercriminals then abuse the other person's vulnerability either till they suck them dry or the other party catches on to their farce.

Swiper con

Sahana Goswami', a media professional based in Mumbai, was devastated when she learnt through a stranger that the person she had been dating was a con artist. She said she had a hard time believing it until she saw a picture of the news report with her new-found beau's photo.

Goswami, a resident of South Mumbai, said she had met the person on a popular online dating app and that the fraudster told her he was a doctor by profession. She noted that he did not talk much about his past, but was otherwise a good person to her and did not rouse any suspicion.

The 24-year-old Mumbaikar said, "We went out on many dates and things were good for the next couple of weeks. However, he suddenly felt like he was becoming distant and it was bothersome; I was finding it odd."

Having delayed addressing the elephant in the room for a couple more weeks, Goswami confronted the fraudster. "He simply told me with his past, he was finding it difficult to let me into his life. He also spun a lie about not being emotionally available."

Goswami said mere hours after having broken off their relationship, a person reached out to her on social media. "The person claimed that the person I was seeing was a fraud and that he had swindled money from them. The newspaper clipping with his photo only confirmed it. I was scared for my safety since he knew where I lived." The Mumbaikar added that her paranoia had been exacerbated by remembering the firearm he carried.

"Thankfully, he did not contact me ever again and I was able to distance myself and settle into my routine again," she said recalling the horrific incident that transpired months ago.

Sahana's story draws attention to the potential risks that can accompany using online dating applications. As we delve further into exploring how individuals can navigate these spaces securely, free from the spectre of fraudulent activities and personal safety concerns, it is imperative to examine what steps are being taken to fortify the security on these platforms.

Safeguarding hearts

Sources in Tinder, responding to a query on whether their organisation collaborates with law enforcement agencies or uses third-party services for background checks of their users, said that Match Group, the parent company in 2021 had introduced the inaugural law enforcement portal of the dating industry.

Developed in consultation with law enforcement officials globally and designed to comply with privacy regulations, the online portal facilitated three tiers of requests exclusively from qualified investigators: a general inquiry to verify user profiles, a legal request for detailed data supported by legal documents, and an emergency request to address an active safety threat.

The firm, in their response, also shared that they have a range of security tools and updated their Community Guidelines to enhance user experience, sources said.

Similarly, sources in another popular dating application, Hinge said that they encourage their users to report fraud or abuse they encountered. They said that the platform has an in-app reporting resource that allows their "Trust & Safety team to take immediate action in removing anyone accused of this behaviour".

They also said that since 2022, they launched a selfie verification step to help users confirm the authenticity of their profiles allowing them to make an informed decision on who they speak with.

Apart from that, the source close to the development said, Tinder has "launched several campaigns over the years specifically educating our users of all ages on ways to protect themselves so they do not fall victim to online fraudulent scams."

In 2022, the app launched an education campaign on how to spot a scammer in India and highlighted how the users could protect themselves.

They also rolled out a public awareness campaign with Match Group where users saw warnings and tips on the app on how to protect themselves against different forms of online fraud.

Some tips the platform offered included:

· Stay on the app as long as possible

· Use the tools available in-app

· Be sceptical of anyone who appears to be wealthy and successful and wants to teach you how to invest and make money

· Always report interactions where they are giving you crypto or investment advice

Sources said, "In 2023, Tinder also launched a first-of-its-kind Dating Safety Guide for our users in India, in partnership with Centre for Social Research (CSR), India, to educate them on the dos and don'ts of dating safety by reminding users of its Community Guidelines, detailing how to use its in-app safety features and, outlining the recently enhanced reporting process and understanding important topics like embracing an inclusive community, sexual health and consent."

Meanwhile spokesperson from another popular dating app Bumble said that they recently introduced Deception Detector to tackle scams, spam, and fake profiles. They said that in their latest research, they concluded that 28 per cent of the users wished to keep their data safer due to the risk of scams.

"From phishing to impersonation, unfortunately, scams and spam come in many forms, which is why Bumble on Tuesday announced its latest steps to tackle scams, spam and fake profiles, with the introduction of the Deception Detector," said the spokesperson.

They added that the feature uses Artificial Intelligence (AI) to assess the authenticity of profiles. "Within the first two months of the technology's introduction, Bumble saw reports of spam, scam, and fake accounts reduced by 45 per cent, addressing one of the biggest concerns for people dating online," the spokesperson added.

They also said that the AI-based feature supported blocking 95 per cent of the fake accounts automatically.

Having had a look into the measures dating apps have undertaken to focus on ensuring a user has a safe experience, now the question arises - how equipped are Indian laws to handle cases involving dating platforms?

Creating a safety net

Responding to a query on whether India's legal framework has regulations dealing with scams involving dating applications, Adv (Dr) Prashant Mali, a Cyber and Data Protection Lawyer, pointed out that unlike with matrimonial sites, India does not have specific regulations dealing with crimes involving dating apps.

"Sections 66C and 66D of the IT Act deal with impersonation and identity theft. If you know someone is an impersonator or cheating, you can approach the police and file a case against them. It is a cognizable offence. Or a case under Sections 416 and 420 of the Indian Penal Code can be registered against the fraudsters," Mali said.

He added that the dating applications, in India, have intermediary status and under it, they must follow a set of rules including conducting a Know Your Customer (KYC). He said the organisations stand to lose their intermediary status and could be made a party in fraud that has happened with the complainant.

Mali, while elaborating on how a safety net should be created for users, said, "Dating applications are a taboo in India. Even dating is largely perceived as a chance to foster sexual relationships with someone. Creating awareness among the youth is crucial."

The advocate said some onus should also be on the dating applications and proposed the government regulate that each online app should contribute a chunk of their revenue towards awareness and educational campaigns for their users on how to safely navigate through.

The cops should also make the apps not conform with KYC regulations in cases of fraud, added Mali.

When asked about how dating apps can ensure the KYC they are conducting is not falsified, they could opt for video-based KYC. "With video-based KYC, chances of defrauding become less since the person can be compared with details provided," he said.