Cyber sexual offenses: are comments also included?

You have asked about the types of cyber sexual offenses and their punishment.

It is easy to think that cyber sexual offenses mean only illegal filming using a mobile phone, or distributing such illegally filmed material or using it as a pretext for intimidation.

However, not only illegal filming and distribution, but also the circulation of illegally filmed material, the act of sharing it with others, and the creation and distribution of synthetic sexual images such as the recently controversial deepfakes are also included in sexual offenses.

As you asked, even in the case of writing a comment, if its content includes sexual expressions and thereby defames or insults the victim, a sexual offense may be established.

Cyber sexual offenses may be punished under the Act on Special Cases concerning the Punishment of Sexual Crimes.

Where a person has caused another person sexual humiliation or disgust by using a telecommunication medium, that person may be subject to imprisonment for up to two years or a fine of up to 20 million won.

In addition, where a person defames another with the purpose of slander through the internet or the like, they may be punished under the Act on Promotion of Information and Communications Network Utilization and Information Protection.

Where a person defames another by alleging facts, they may be subject to imprisonment for up to three years or a fine of up to 30 million won.

However, if a person defames another by spreading false facts, they will receive even more severe punishment.

They may be subject to imprisonment for up to seven years, suspension of qualifications for up to ten years, or a fine of up to 50 million won, so greater caution is required.

Because such cyber sexual offenses can lead to severe punishment, we recommend that, rather than responding alone, you request legal help from a sexual offense attorney with extensive experience in sexual offense cases.