In an era where online relationships have become increasingly common, the story of Kirat Assi serves as a chilling reminder of the potential dangers in the digital world.
Netflix’s documentary “Sweet Bobby: My Catfish Nightmare” brings to light one of the most elaborate and long-running catfishing cases every recorded in the UK.
In 2010, Kirat Assi, a radio presenter from London, accepted a Facebook request from a man she believed to be Bobby Jandu, a wealthy heart doctor. What started as a casual online friendship soon blossomed into a romantic relationship, culminating in an engagement – all without the couple ever meeting face-to-face.
For eight long years, Kirat was led to believe she was in a relationship with Bobby. The deception was intricate, involving a web of fake accounts and elaborate storylines, which served as excuses for why the couple could never meet in person.
In 2018, the truth finally came to light. Kirat discovered that the person behind the “Bobby” persona was none other than her second cousin, Simran Bhogal. The revelation was devastating, leaving Kirat to grapple with the aftermath of years of manipulation and deceit.
Despite the severe emotional and financial toll of Kirat, the perpetrator initially faced no criminal charges due to gaps in existing legislation.
One of the primary legal hurdles in this case is that catfishing itself is not a criminal offence in the UK. The legal gap made it difficult for law enforcement to pursue charges against Simran Bhogal, despite the extensive nature of her deception.
In the absence of applicable criminal laws, Kirat Assi had to resort to civil litigation.
In 2020, Kirat filed a civil lawsuit against Bhogal, based on the following grounds:
- The lawsuit alleged that Bhogal’s actions over the course of nearly a decade constituted harassment.
- Assi claimed that Bhogal had misused her private information as part of the elaborate catfishing scheme.
- The lawsuit included claims that Bhogal had violated data protection laws in her deception.
The case was successful, resulting in a “substantial settlement” for Assi in 2020. As part of the settlement, Bhogal agreed to pay Assi damages and legal costs, as well as provide a formal letter of apology.
This was considered a landmark case, believed to be “the first successful civil claim in the UK relating to catfishing”.
However, while the civil case provided some redress, it did not lead to criminal consequences for the perpetrator.
Furthermore, the initial police response to Assi’s complaint was problematic, in which she describes their reaction as the “most frustrating aspect” of the whole story.
Firstly, the police misunderstood the situation, suggesting that the real Bobby Jandu was the victim, not Kirat.
Kirat was then told by the police that what happened to her was not a crime, therefore they did not take her claim seriously.
The case was dropped in 2019 due to “lack of evidence”, highlighting the challenges law enforcement faces in understanding and investigating complex online deception cases.
As of October 2024, the Metropolitan Police has since reopened the investigation following Assi’s complaint to the Independent Office for Police Conduct (IOPC). The IOPC found fault with the initial police response and requested a review of the investigation process.
Despite the reopening of the case, there still remains significant challenges in prosecuting catfishing cases in the UK.
The case has sparked discussions about the need for legal reform, such as updating existing laws to address online deception. Introducing specific legislation to criminalise catfishing and improving police training on cybercrimes and online harassment.
While currently in the UK, catfishing itself is not currently a criminal offence, catfishers may be prosecuted under existing laws like the Fraud Act 2006 or Computer Misuse Act 1990 if their actions involved fraud or unauthorised access to computer systems.
Section 2 of the Fraud Act 2006 covers fraud by false representation, which could apply when a catfisher pretends to be someone else to gain an advantage. However, the Act defines “gain” narrowly as financial or property gain, making it difficult to prosecute catfishing for emotional manipulation alone.
This Act could be amended to specifically include online identity fraud and catfishing. This would allow for easier prosecution of catfishers under existing fraud laws.
The Computer Misuse Act 1990 can apply if catfishers use hacking, malware or unauthorised access to accounts as part of their deception. Penalties under this Act can include fines and imprisonment, depending on the severity of the intrusion.
While this Act provides some tools for prosecuting aspects of catfishing, it’s important to note that it doesn’t specifically address catfishing as a whole. The Act is primarily focused on unauthorised access and damage to computer systems, rather than the broader deception and emotional manipulation often involved in catfishing cases.
The current draft for the Online Safety Bill includes provisions to combat fraudulent advertising. This could be expanded to explicitly cover catfishing and require platforms to take more proactive measures to prevent and remove fake profiles.
Legislation could require dating sites and social media platforms to implement stronger identify verification processes to prevent the creation of fake profiles. Further laws could also hold these platforms more accountable for preventing and addressing catfishing on their services, similar to the proposed changes in the Online Safety Bill for fraudulent advertising.
The Sweet Bobby case exposes significant gaps in the UK legal system’s ability to address sophisticated forms of online deception.
The successful civil lawsuit, while providing some redress for Kirat, underscores the limitations of current legal remedies, emphasising the need for specific legislation to criminalise catfishing and other forms of online deception.
Furthermore, the initial mishandling of Kirat’s complaint by law enforcement underscores the need for specialised training in cybercrime investigation. It’s crucial that police forces are equipped to understand and respond effectively to complex deception cases.
As we move forward, it is clear that a multifaceted approach is needed. This includes not only legal and law enforcement reforms but also increased accountability for social media platforms and dating sites.
As we continue to navigate the complexities of the digital age, cases like “Sweet Bobby” remind us of the ongoing need for vigilance, empathy and robust legal protections in our increasingly interconnected world.
