Phishing in social networks: an offense?

Phishing is a malicious activity by which an attacker poses as another person for different reasons, such as to make a fraud, to make “ciberbullying”… A typical situation is to create another person’s profile and to interact with other users posing as this person. As far as this is an offense, we should distinguish the field of social networks and the field of e-mails.
If phishing is only the creation of a false profile in which we don’t use personal information from someone, like a photo, the only legal action that we can take is to notify this situation to the social network involved for the elimination of this profile.
Phishing only the name of a person, if it doesn’t involve the publication of some photos too, isn’t an offense.
If we create a false profile phishing the identity of a person and in this case we use personal data of this person, like a portrait, we would be violating an important right.
Moreover, in this case an usurpation of a person’s identity takes place and the offender can be punished for three years.
The same is true for e-mails. If someone comes to a user’s service and he poses as that person, for example in e-mail, Twitter, Facebook, Tuenti, etc., obviously he is breaking the law and this is punishable and indictable, because he is crossing the private barrier of a person.
Apart from reporting the fact the way to act depends on your possibility of access to the account. If you can access your account, you will be able to change the password and to inform about the incident to your contacts, friends and family.