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Cyber defamation (사이버 모욕죄) in South Korean law is a provision of the Communications Network Act that imposes liability for criminal defamation committed through an "information and communications network" such as the Internet. The law establishes a maximum term of imprisonment of three years if the defamatory information is true and seven years if it is false.[1] South Korean cyber defamation law has attracted attention for its severity relative to other countries.
The law allows the National Police Agency to crack down on hateful comments without any reports from victims.[2]
Background
editThe law arose from considerations by the Korea Communications Commission (KCC), South Korea's telecommunications and broadcasting regulator, of revising the telecommunications laws to impose more regulations and deeper scrutiny on major Internet portals.[3]
Public anger over the 2008 suicide of celebrity Choi Jin-sil[4] led to a legislative push for stronger legislation against cyberbullying, including the adoption of a real name system.[5] Among the legislative items pushed by the government was the cyber defamation law, which imposed greater criminal penalties than those provided for criminal defamation under Article 311 of the Penal Code.[6] The legislation was sometimes referred to as the "Choi Jin-sil Law," although the family objected to this use of her name.[7]
The governing Grand National Party (GNP) supported the law, while the opposition Democratic Party opposed it.[8] A Research & Research survey of 800 Korean people conducted on 14 January 2009 showed that 60% supported the GNP-led bill dealing with cyber defamation, and 32.1% opposed it.[9]
Impacts
editSince its adoption, the defamation law has been used as a basis for plaintiffs in South Korea to subpoena information from the United States.[10] In 2024 a California court granted the attorney representing NewJeans permission to obtain the identity information of a YouTube user. Other similar cases include HYBE on behalf of BTS seeking the identity of a Twitter user and Starship Entertainment on behalf of Wonyoung identifying an individual behind a YouTube channel with help from Google.[11]
Online gaming
editThe vast majority of cyber defamation police reports in South Korea arise from online games. League of Legends is a game which is notorious for such acts. In 2015 alone, South Korean law enforcement received and investigated over 8000 reports of cyber defamation; over half of these cases involve League of Legends where players head to police stations as a retaliation after being verbally abused by teammates or opponents.[12]
There are also 'settlement fee hunters', who enter games as players and grief with intention of being insulted by other players. In some cases, such settlement fee hunters file police reports against over 50 other individuals at once. Most of the victims of settlement fee hunters are teenagers, since many parents are willing to pay settlement fees ranging from 300 thousand to 2 million KRW (300 to 2000 USD) to avoid their children having to go to trial and risk gaining criminal records.
See also
edit
References
edit- ^ 정보통신망 이용촉진 및 정보보호 등에 관한 법률 [ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION]. Statutes of the Republic of Korea. Korean Legal Research Institute. Article 70 (Penalty Provisions). Retrieved 2024-10-23.
- ^ Growing Responsibility 08-19-2008 Korea Times
- ^ Online Portals Face More Regulation, Deeper Scrutiny 12-18-2008 by Kim Tong-hyung Korea Times
- ^ Insults on Internet 10-05-2008 Korea Times
- ^ Lee, Tee Jong (2008-10-13). "Seoul rushes Internet Bill". The Straits Times. Archived from the original on 2008-10-16.
- ^ 김지민 (2008-08-28). 한나라 "사이버 모욕죄 신설 추진" [GNP "pushing ahead with new cyber defamation crime"]. Money Today (in Korean). Retrieved 2024-10-23.
- ^ 이보배 (2008-10-01). 최진실 이름 팔아서‥여야 꼴불견 氣싸움 [Selling Choi Jin-sil's Name -- Unseemly Struggle Between Government and Opposition]. Breaknews.com (in Korean). Retrieved 2024-10-23.
- ^ Parties Clash Over Freedom of Expression 01-11-2009 by Kang Hyun-kyung, Korea Times
- ^ 50% Say 'Green New Deal' Will Boost Economy 01-15-2009 By Kang Hyun-kyung, Korea Times
- ^ Roscoe ·, Jules (2024-06-06). "Court Allows K-Pop Group to Subpoena YouTuber's Identity from Google". 404 Media. Retrieved 2024-10-07.
- ^ "K-pop agency HYBE asks US court to help unmask X account in defamation case". May 30, 2024.
- ^ "욕설 넘치는 온라인게임 '롤' … 모욕죄 고소 난무". m.hankookilbo.com. Archived from the original on 2018-10-24.