Rachel’s Crime & Society Blog: Online Deception - Catfish Law Across Three Jurisdictions

Content notice: This blog explores real cases involving harm, abuse, suicide, and gun violence. These themes are discussed to raise awareness and understanding, but some readers may find the content distressing.

Rachel's Blog - Online Deception

Catfish Definition and TV Show

Catfish: The TV Show is an American reality television show about the truth and lies of online dating. Airing in November 2012, the TV show is based on the 2010 film, Catfish, in which the TV show host, Nev Shulman, discovers his online girlfriend is not who she claims to be. The term ‘catfish’ is now used to describe someone who is faking their online persona, using other people’s images and generally lying about who they are. The TV show uncovered several reasons for catfishing whether it was revenge, loneliness, exposing cheaters or using people for money. The US version created over 200 episodes and several international versions made shows there is no shortage of catfish out there causing victims embarrassment, hurt and financial struggle but in some cases the intent and result is far more devastating… so is catfishing a crime?

Social media and apps on screen

Before continuing, please be aware that this article is intended for mature readers as part of Scots Law Talks’ educational content on real legal cases.

Catfish Around the World

Australia – Renae Marsden

Renae Marsden was a 20-year-old woman living at home and working full time in Sydney, Australia while being in an online relationship with Brayden Spiteri. Brayden was serving time in Goulburn jail, New South Wales, for a driving offence. In late 2011, Renae was introduced to Brayden through her best friend, Camila Zeidan, who used to date Brayden. Renae could not visit Brayden in prison , so all their communication was done through text messages and Facebook. Brayden only had a phone because Camila arranged for him to have one while incarcerated. The relationship between Brayden and Renae was intense and by early 2012 she told her mother, Teresa, she was in love and even got a tattoo of ‘B Spiteri’ on the right of her chest. Their relationship was emotionally intense, and jealousy was a contributing factor to difficulties they faced. They did break up for a time, during which Renae met and became engaged to another man, but continued communication with Brayden leading to an ultimatum from her fiancé: him or Brayden.

On August 5th, 2013, Brayden messaged Renae to break up with her. Devastated, it is believed she drove herself to an area known as The Gap at Jacobs Ladder Reserve, Watsons Bay in Sydney, where CCTV caught Renae throwing her phone over the cliff then walking off camera. Her body has never been recovered since being swept out to sea. Teresa had received a concerning text from her daughter, so she called the police who found Renae’s car at the scene. The car contained a Valentine’s card from Brayden.

An investigation into Renae’s death revealed that Brayden did not exist. Renae had been catfished by her best friend, Camila, the entire time. The investigation found Camila owned multiple phones including one she used solely to communicate as Brayden. Camila originally claimed she and Renae created Brayden together so they could hide their lesbian relationship from their disapproving parents but messages between Renae and Brayden would show Renae believed he was real and had no idea she was really communicating with Camila. Their friendship over the years had accusations of Camila being controlling and physically abusive towards Renae, with Camila wanting to start a romantic relationship and becoming jealous whenever Renae entered a relationship with a man. Camila used catfishing as Brayden to keep Renae close to her and have the

intimate relationship she craved while being her best friend in person. Camila has never accepted responsibility for her actions, lied throughout police interviews, to the Marsden family and to the inquest into Renae’s untimely death.

Australia - person sitting on rock.

There is no law in New South Wales specific to catfishing, but if the catfishing is used to commit another offence such as financial fraud, stalking, harassment, extortion or deception then it is considered an offence. When catfishing is used to gain control of a person for personal gratification but is without threat or intimidation and not for financial gain then this is not a state offence even though the victim could experience harm either mentally or physically. Because of this, Camila has never faced criminal charges even with the coroner ruling that although Camila did not encourage the suicide, she did cause the upset that led to it. The Marsden family wish to invoke ‘Renae’s Law’ making catfishing a criminal offence so that no other family will have to face what they have.

Northern Ireland – Alexander McCartney

From a very rural part of Northern Ireland, Alexander McCartney’s online deception started in 2013 and used mainly the Snapchat app to target girls around 12 years old. McCartney would take on the persona of a girl of similar age, and to talk to his victims before asking for private images. Once his victim sent him what he wanted, he revealed they were being catfished and threatened to expose their images if they did not comply with his further demands. He would then use his victim’s images to trick other young girls to send him explicit content of themselves.

McCartney’s true level of abuse came to light in 2019 after a 12-year-old girl in Scotland contacted Police Scotland to report the online blackmailing from an account under the guise of ‘Chloe.’ She was one of four brave victims to come forward and aid police in their investigation into this blackmailer. The investigation soon led to the bedroom of former Ulster University computer science student, Alexander McCartney, aged 21 at the time, and the seize of 64 devices. He saved their locations revealing he had victims in the UK, America, New Zealand and at least 28 other countries. The saved locations and images helped police to identify around 70 victims. 3,500 girls were believed to have been contacted.

Northern Ireland - coastal scene

This case set a precedent in Northern Ireland because in his 185 charges, many of which for blackmail, one is for manslaughter. During the investigation, police discovered that in May 2018, a 12-year-old girl in West Virginia, USA, had taken her own life after McCartney’s online abuse. Heartbreakingly, Cimarron’s father took his own life 18 months later never knowing why he lost his daughter or seeing the day justice would be served. McCartney is the first person in the UK to be charged with the death of a victim even though they never met. At Belfast Crown Court on Friday October 25th, 2024, McCartney, aged 26, was sentenced to life in prison with a minimum tariff of 20 years. The addition of manslaughter resulted after Northern Irish and American authorities were able to prove Cimarron killed herself as a direct result of McCartney’s abuse.

Northern Ireland does not have laws specific to catfishing but should the catfishing result in another offence such as harassment or financial fraud, then it is a chargeable offence. There are demands to create laws which cover catfishing specifically which could include adding the offence to existing coercion laws.

Shelf of legal texts

Scots Law on Catfish

In Scotland, like Northern Ireland and NSW Australia, catfishing alone is not a crime, but a framework of legislation is in place that covers many of the behaviours commonly seen displayed by catfish. Where a catfish tricks their victim into sending them money, gifts or other valuable items, this could be prosecuted as fraud under Scottish common law as there is no fraud act like England and Wales. Under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010, behaviour that is abusive or threatening is an offence. Under section 127 of the Communications Act 2003 falls the ‘improper use of public electronic communications network’ offence which covers sending messages that are offensive, indecent, obscene or menacing. If persistent, catfishing could be prosecuted under the Protection from Harassment Act 1997 or even under offences of stalking in Section 39 of the Criminal Justice and Licensing (Scotland) Act 2010.

Rachel Miller, author of this blog.

What Do You Think?

So, Scotland has a framework of legislation that covers the most likely outcomes of catfishing… is this strong enough? The TV show proves people use it for other reasons like boredom, catching their partner cheating or out of loneliness and low self-esteem. Modern technology has given society the tools to be more connected than ever, yet there are those who abuse the trust and naivety of children and strangers online. Is seeking an online connection becoming more important and powerful than seeking one in real life? Maybe the ever-increasing social media trends have forced more children online and into situations they don’t know how to deal with and don’t understand. Maybe we’re too far into a generation who grew up with smart phones and social media to revert to a time where real life connections mattered most. Maybe all we can do as a society is be educated in online safety and encourage our loved ones to be open if they are in a situation they don’t know how to deal with. For the families of Renae Marsden and Cimarron Thomas, I hope they find the peace and justice they deserve.

References

Australian Associated Press, (2020), Coroner condemns catfish over Sydney woman Renae Marsden’s suicide, The Guardian, 20th May, available at: https://www.theguardian.com/australia-news/2020/may/20/coroner-condemns-catfisher-over-sydney-woman-renae-marsdens-suicide [accessed 29/08/2025].

Brigid O’Donnell Solicitors (N.D), Is catfishing illegal? Available at: https://www.brigidodonnellsolicitors.ie/catfishing-the-law-in-ireland/ [accessed 02/09/2025].

Coroner’s Court of New South Wales (2020), Inquest into the death of Renae Marsden (findings given by Deputy State Coroner Truscott), available at: https://coroners.nsw.gov.au/documents/findings/2020/MARSDEN_Renae_2013-333799_Findings_given_By_Mag_Truscott_DSC_on_20_May_20.pdf [accessed 29/08/2025].

Graham, S. & Burns, S. (2024), Horrific crimes of ‘catfish’ Alexander McCartney exposed by bravery of 12-year-old girl, The Irish Times, 11th November, available at: https://www.irishtimes.com/ireland/2024/11/11/horrific-crimes-of-catfish-alexander-mccartney-exposed-by-bravery-of-12-year-old-girl/ [accessed 02/09/2025].

Murray, F., & Campbell, C. (2024), Abuser in UK’s ‘largest catfishing case’ jailed for life, BBC News, 25th October, available at: https://www.bbc.co.uk/news/articles/cj4d40922xvo [accessed 03/09/2025].

Murray, F., & Campbell, C. (2024), Catching the catfish killer: Phone calls & 64 seized devices snared child sex abuser, BBC News, 26th October, available at: https://www.bbc.co.uk/news/articles/crejr8grr01o [accessed 03/09/2025].

Petition to create Renae’s Law: https://www.change.org/p/dominic-perrottet-driven-to-suicide-but-renae-s-abuser-in-the-clear-criminalising-catfishing

Police Service of Northern Ireland, (2024), Alexander McCartney sentenced to life imprisonment with a minimum tariff of 20 years, PSNI, available at: https://www.psni.police.uk/latest-news/alexander-mccartney-sentenced-life-imprisonment-minimum-tariff-20-years [accessed 03/09/2025].

Scottish Parliament (2018), Written answer to the question on how ‘catfishing’ could be appropriately punished as a crime, available at: https://www.parliament.scot/chamber-and-committees/questions-and-answers/question?ref=S5W-20482 [accessed 04/09/2025].