Internet Fraud: Bogus Open Access Journals

Another ingenious internet fraud is on the rise – fraud committed in the name of Open Access (“OA”) journals. Unlike subscription-based journals, OA journals are those which are freely accessible online.  The business model revolves around the author-pay mode — where researchers pay for publishing their work. [The Hindu report is available here.]  

Broadly speaking, the modus operandi is to send mails to researchers and scientists soliciting manuscripts. They try to entice researchers by keeping the processing fee low. All bogus journals, as a rule, promise quick processing time. While many titles do not have editors listed on the websites, a few others carry the names of respected researchers from reputed institutions without their consent. In some cases, the titles of bogus OA journals closely resemble those of genuine ones. 

While there exist genuine OA journals, there exist a substantial number of bogus OA journals. As the bogus OA journals lack an honest peer review, they are sometimes used as a platform to publish low-quality work or manuscripts that have been rejected by genuine publishers. The issue of bogus journals warrants attention as these bogus OA journals have the potential to irreparably harm the scholarly literature.

It is difficult to detect the fraud considering the ever rising number of genuine/non-genuine OA journals and inexperience of a developing country researcher in scholarly communications. As there does not exist any organisation or system to check the entry of counterfeits, the onus is upon the researchers to be vigilant. Those who intend to publish articles may consider going through Prof. Beall’s blog [here and here] for identifying bogus journals. Further, I suggest them to read ‘The Hindu’ article.

Information Technology Act, 2000 and Indian Penal Code, 1860

A fraud of this nature attracts both Information Technology Act, 2000 (“IT Act”) and Indian Penal Code, 1860 (“IPC”) especially considering the ‘long arm’ nature of both the statutes. Merely accessing a website from a computer located in India will vest the judicial fora with jurisdiction under the IT Act. Similarly, any person liable by any Indian law to be tried for an offence committed beyond India shall be dealt with according to the provisions of IPC for any act committed beyond India in the same manner as if such act had been committed within India.

Impersonating a genuine OA journal constitutes an offence under Section 66C (Punishment for identity theft) if it is done fraudulently or dishonestly. It can also attract Section 66D (Punishment for cheating by personation by using computer resource) of IT Act. As the IT Act has not defined “personation”, the provision is applicable to a vast array of phishing attacks. Impersonation also attracts Sections 415 (Cheating) & 416 (Cheating by personation) of IPC. Cheating under IPC inter alia involves intentionally inducing the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property.

Publication of a genuine scholarly article in a bogus OA journal may also attract Section 425 (Mischief) of IPC as such publication can destroy or diminish the value of such article. Also, carrying the names of reputed personalities as members of editorial boards without their consent can also attract Section 499 (Defamation) of IPC – as it may harm the reputation of such persons.

It may, however, not be possible to tackle all the issues strictly from a legal perspective. Awareness about the bogus OA journals may offer the best practical solution. Scholars may be sufficiently warned against publishing their articles in such bogus OA journals. Further, it will also dissuade academicians who perceive such journals to be a platform for publication of articles which lack intrinsic value.