No, using a fake name or fake profile on the internet is not always considered fraud. Whether it constitutes fraud depends entirely on the intent behind using the fake identity and whether that intent is to deceive someone for personal gain or to cause harm.

Here's a breakdown of the legal and ethical considerations, particularly relevant in Taiwan:

When it is NOT Fraud:

1. Pseudonymity for Privacy/Expression:

   • Many people use fake names, pseudonyms, or avatars online to protect their privacy, express themselves creatively, or participate in discussions without linking it to their real-world identity. This is a common and generally accepted practice on forums, social media, gaming platforms, and even in certain creative professions.

   • No Intent to Defraud: There's no intent to gain money, property, or undue advantage by deceiving someone. The primary motivation is usually privacy, safety, or personal preference.

2. Fictional Characters/Role-Playing:

   • Creating profiles for fictional characters in online games, role-playing communities, or creative writing platforms is clearly not fraud, as the context makes it obvious the identity is not real.

3. Satire or Parody (with clear indication):

   • Creating a fake profile to parody a public figure or organization can be legal, provided it's clearly identifiable as satire and doesn't genuinely mislead people into believing it's the real entity for harmful purposes. (However, this can be a thin line and carries risks if not done carefully.)

When it IS Fraud (or other Crimes):

The moment the fake identity is used with the intent to deceive for illicit gain or to cause harm, it becomes illegal and can constitute fraud or other cybercrimes.

1. Financial Fraud:

   • Investment Scams: Using a fake profile (e.g., impersonating a celebrity or financial expert) on Facebook, LINE, or other platforms to lure victims into fake investment schemes is a classic example of fraud. The fake identity is a key part of the deception.

   • Romance Scams: Creating a fake romantic persona to develop an emotional relationship with a victim, then asking for money under false pretenses (e.g., medical emergencies, travel expenses), is fraud.

   • Online Shopping Scams: Selling non-existent goods or services using a fake profile.

2. Impersonation and Identity Theft:

   • Impersonating a Real Person: Creating a fake profile using the name, photos, and personal details of a real, identifiable person without their consent, with the intent to harm them, damage their reputation, or gain access to their accounts, is identity theft or false impersonation.

   • Impersonating Organizations: Posing as a bank, government agency, or well-known company to trick people into giving up personal information (phishing) or money. Taiwan's Fraud Crime Hazard Prevention Act (FCHPA), which came into force in July 2024, explicitly targets such impersonations in advertising and online platforms, mandating identity verification for advertisers.

3. Circumventing Security Measures/Terms of Service:

   • While not always "fraud" in the financial sense, using fake identities to bypass security checks, account limits, or platform bans (e.g., after being banned for violating terms of service or engaging in abusive behavior) is often a violation of platform rules and can sometimes precede fraudulent activity.

4. Harassment, Cyberbullying, Defamation:

   • Using a fake profile to harass, stalk, cyberbully, or spread false and damaging information about an individual or organization can lead to charges for harassment, defamation, or other related offenses, even if no direct financial gain is involved.

5. Illegal Activities Requiring Age/Identity Verification:

   • Creating a fake profile to access age-restricted content or services (e.g., online gambling if underage) or services requiring specific professional licenses, can lead to legal issues.

Taiwan's Legal Context:

Taiwan, like many countries, has laws to combat online fraud and related activities:

• Criminal Code: Articles related to fraud (e.g., Article 339 for general fraud), computer misuse (unauthorized access, damage to data), and other specific crimes would apply if a fake identity is used to commit such offenses.

• Personal Data Protection Act (PDPA): If a fake identity is used to unlawfully collect or use someone else's personal data, or to obtain personal data through deception, the PDPA would be violated.

• Fraud Crime Hazard Prevention Act (FCHPA): This new act specifically aims to tackle online fraud by increasing accountability for platforms regarding advertiser identity verification and removal of fraudulent ads. While it targets platforms, the underlying fraudulent use of fake identities by scammers is the core issue it seeks to address.

• Specific Laws against Impersonation: While there isn't a general law prohibiting all use of pseudonyms online, laws would apply if the impersonation is done with malicious intent or to commit a crime.

Conclusion:

The use of a fake name or profile on the internet is not inherently fraud. It becomes fraud (or another cybercrime) when it is coupled with:

• Intent to deceive: A deliberate effort to mislead.

• Intent to gain: For the purpose of obtaining money, property, services, or undue advantage.

• Intent to harm: To damage reputation, harass, or cause other forms of distress.

In essence, using a fake identity for privacy or creative expression is generally acceptable. Using it to lie, cheat, steal, or harm others is where it crosses the line into illegality.