

Q
I would like to file a complaint over malicious comments.
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Could you please check whether it is possible to file a complaint over malicious comments? Malicious and defamatory comments are repeatedly being posted on social media and YouTube videos. The content is not all true and includes false statements as well… it is very distressing… What evidence should I collect in order to proceed with a criminal complaint?
malicious comment complaint
Answer to Related Inquiry
Author: 고병준
Malicious comments, that is, hateful comments, can go beyond mere expressions of emotion and become subject to criminal punishment and a claim for damages.
In particular, repeated defamation that differs from the facts and the spreading of false information can be punished more severely.
Whether you can file a complaint over the malicious comments can be determined only after examining in detail the content and repetitiveness of the malicious comments related to you, but in general, a complaint over such comments can be filed on grounds such as the following cyber defamation and insult.
Defamation by stating facts is punishable by imprisonment for up to 3 years or a fine of up to 30 million won, and defamation by false statements is punishable by imprisonment for up to 7 years, suspension of qualifications for up to 10 years, or a fine of up to 50 million won may be imposed.
In contrast, the crime of insult is punishable by imprisonment for up to 1 year, imprisonment without labor, or a fine of up to 2 million won.
In order to file a complaint over malicious comments, you need to collect objective evidence.
First, it is important to capture and preserve the full screen of the content of the malicious comments or defamatory posts.
Even if a comment is deleted or a post is made private, you should save the original information, such as the time of posting, the author's nickname, and the URL, so that it can be verified and used as evidence.
In particular, if malicious comments are written repeatedly, their persistence and malice can be recognized, which can work favorably for criminal punishment and a claim for damages.
In addition, if malicious comments have caused mental suffering or social defamation, you can prove the harm through a hospital medical certificate, counseling records, statements from people around you, and similar materials.
Repeated malicious comments or those containing false statements should never be taken lightly, and it is wise to respond in a timely manner with the assistance of an expert.

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