{"id":275352,"date":"2022-10-11T09:00:15","date_gmt":"2022-10-11T03:30:15","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=275352"},"modified":"2022-10-11T09:00:15","modified_gmt":"2022-10-11T03:30:15","slug":"karnataka-hc-raises-concern-rise-of-pseudo-therapists-instagram-influencers-regulations-needed-public-domain-mental-health-legal-news-and-updates","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/10\/11\/karnataka-hc-raises-concern-rise-of-pseudo-therapists-instagram-influencers-regulations-needed-public-domain-mental-health-legal-news-and-updates\/","title":{"rendered":"“Rise of the pseudo-therapists on public domain who are but camouflaged instagram influencers, needs to be regulated”; Karnataka HC expresses concern"},"content":{"rendered":"
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Karnataka High Court<\/b>: While deliberating over the instant petition seeking quashment of chargesheet filed against a “wellness therapist” under the provisions of Information and Technology Act, 2000<\/a> and Penal Code, 1860<\/a>, the Bench of M. Nagaprasanna, J., observed that the mushrooming rise of so-called “wellness therapies” in the public domain have also given rise to pseudo-therapists who are but in reality “instagram influencers”. Expressing concern that pseudo-therapists of social media unbound by any ethical regulation, lure innocent people seeking genuine therapy and thus committing fraud upon them; the Court observed that it is high time that the Government frames some regulatory measure to check the rise of such therapies and therapists.<\/p>\n

From Tinder to Therapy:<\/span><\/p>\n

The case begins when the complainant came in contact with the petitioner via the dating app Tinder<\/i> and began interacting frequently. It was during one of these interactions when the complainant claimed to be completely stressed and relayed the same to the petitioner, who then stated that she has an Instagram<\/i> page called “Positivity-for-a-360-Life<\/i>” and that she is a Wellness Therapist who advocates and promotes general well being of mind, body and soul.<\/p>\n

The complainant, on the representation being made by the petitioner with regard to her qualification as a therapist started transferring amounts on class to class basis. After the end of the class, the complainant claimed to be satisfied of the class. The classes and transactions were done via Instagram. The new trajectory of the parties’ interactions went on even during the nationwide Covid-19 lockdowns. However, the things started to go south when the complainant expressed his desire to meet the petitioner in person. The complainant also started sending lewd messages and indecent pornographic contents in the petitioner’s inbox, as a consequence of which the petitioner blocked the complainant’s account.<\/p>\n

After the blocking, the complainant started to investigate the veracity of the petitioner’s therapy and discovered that the petitioner had 15 such instagram profiles and other social media profiles. After this discovery, a complaint against the petitioner was registered for the offences of cheating and the offences under the Information Technology Act. The police upon completing their investigation filed a chargesheet which was challenged in the instant petition.<\/p>\n

Contentions-<\/span><\/p>\n

The counsel for the petitioner contended that the petitioner who is a wellness therapist is innocent of what is alleged against her and it is the complainant who approached the petitioner for his well being and after taking treatment, on being satisfied with every class, had voluntarily transferred the money.<\/p>\n

It was also argued that the allegations against the petitioner have brought in because the petitioner did not yield to the lewd requests of the complainant. It was also contended that the dispute between the parties is purely a matter of contract between them.<\/p>\n

Per contra<\/i>, the complainant\/respondent argued that it was not the complainant who approached the petitioner since the first message came from her. It was submitted that the petitioner represented that she is a wellness therapist and lured the complainant into getting the treatment and to transfer amounts close to Rs. 3,15,000; thus it was contended that the petitioner is a con-woman and cheated the complainant, therefore she must face a trial.<\/p>\n

Observations and Decision:<\/span><\/p>\n