Cyber Defamation

Malicious comments, the spreading of false information, and the disparagement of others all constitute cyber defamation.

A nickname or ID used in a game may likewise satisfy the specificity requirement for cyber defamation, so caution is needed in this regard.

Once cyber defamation is established, it is punished under the Criminal Act or the Act on Promotion of Information and Communications Network Utilization and Information Protection.

► Article 307 of the Criminal Act (Defamation)

► Article 70 of the Network Act

The Act on Promotion of Information and Communications Network Utilization and Information Protection governs, in connection with cyber defamation, dispute conciliation, requests for deletion of information, requests for the provision of user information, and punishment of the offender, among other matters.

A notable feature is that it imposes more severe punishment than the Criminal Act, and even where defamation under this Act is not established, the conduct may, depending on the circumstances, be punished as defamation or insult under the Criminal Act.

(1) The application for dispute conciliation is received.

→ The applicant for conciliation must submit the defamation dispute conciliation application together with the relevant evidentiary materials to the deliberation committee.

(2) The facts of the received matter are investigated.

→ The deliberation committee may investigate the facts by the following methods.

(3) A pre-conciliation settlement between the parties is recommended.

→ Where a party accepts the recommended pre-conciliation settlement, the party must affix a name and seal or signature to the conciliation acceptance form and submit it to the deliberation committee in person, by mail, by email, or by facsimile.

(4) The defamation dispute conciliation division deliberates on whether to proceed with conciliation.

(5) Conciliation is refused or a conciliation proposal is presented.

→ The deliberation committee may refuse conciliation and close the case in any of the following cases.

→ Where one of the parties files a lawsuit in a case for which conciliation proceedings are underway, the deliberation committee must suspend the conciliation proceedings and notify the parties of that fact.

(6) The conciliation proposal is finally resolved at the plenary meeting of the committee.

→ The deliberation committee may dismiss the case where the case does not infringe another person's rights, such as reputation, or where the explanation of the rights infringement is insufficient.

(7) Once conciliation is established, the dispute is concluded.

Where the deliberation committee has resolved on a conciliation proposal, it must prepare a conciliation proposal stating the following matters.

▷ Case number

▷ Case name

▷ The name or title and address of the parties

▷ Matters decided in conciliation

▷ Grounds for the conciliation decision

▷ Date of preparation

Individual

Organization

In a cyber defamation case, settlement has a significant effect on the severity of punishment.

Where an amicable settlement is reached with the victim, a non-prosecution disposition or a reduction of sentence may be possible, and the victim's expression of an intention not to seek punishment is reflected as an important factor in sentencing.

Preparing in advance a realistic compensation plan, a sincere letter of apology, a written reflection, and a plan setting out the will to prevent recurrence can be very important in obtaining leniency.

If a suspect lies during the statement process, it may operate as an unfavorable circumstance, so statements based on the facts are important.

In addition, since one's own statement may be used as evidence, a suspect has the right to refrain from unfavorable statements, and the right to remain silent is also guaranteed.

Before the investigation, it can be helpful to prepare a response through consultation with an attorney.

Where another person's rights, such as reputation, are infringed by information made public through an information and communications network, the victim may explain the fact of the infringement to the information and communications service provider that handled the information and request deletion of the information or the posting of a rebuttal. (Article 44-2(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection)

Even where a deletion request is made, an information and communications service provider may, where it is unclear whether rights have been infringed or where a dispute between the parties is anticipated, temporarily block access to the relevant information through a 'provisional measure.'

If you believe that your rights, such as reputation, have been infringed by information posted by a particular user, you may, in order to bring a civil or criminal lawsuit, prove that fact and then request the offender's information from the defamation dispute conciliation division.

As a rule, the complaint must be submitted to the investigative agency that has jurisdiction over the address, place of residence, present location of the person against whom the complaint is filed, or the place where the crime occurred.

Where it is difficult to attend in person, however, the complaint may be submitted by mail or through an agent, in which case the complainant's power of attorney and certificate of seal impression must be submitted together.

A victim of cyber defamation may claim compensation from the suspect and others for the loss sustained, in accordance with the Civil Act.

Where a person has defamed another, the court may, upon the victim's claim, order measures appropriate for restoring reputation in addition to damages, and these measures may be granted together with damages.

A claim for damages arising from a tort is extinguished if it is not exercised within 3 years from the date on which the victim or the legal representative became aware of the loss and the perpetrator, and the right is also extinguished by prescription once 10 years have passed from the date on which the tort occurred.