The Crime of Online Defamation | A Client Accused of Online Defamation in a Game Obtained Non-Referral

In response, the attorney specializing in criminal cases focused on demonstrating the absence of "publicness" and "identifiability" among the requirements for the establishment of the crime of online defamation under the Network Act.

Assistance 1. Argument on the Absence of Publicness

The conversation at issue took place through a chat function called "friend chat" within the mobile game. Identifying that friend chat is a function that can be seen only by a small number of people in a friendship relationship, the attorney argued that it was a private conversation function effectively equivalent to a one-on-one conversation.

Accordingly, the attorney argued that, because the client and the victim had a conversation in a limited space with no possibility of dissemination to an unspecified number of people, publicness could not be established.

Assistance 2. Rebuttal of the Establishment of Identifiability

In addition, the attorney emphasized that what the client said in a one-on-one conversation was merely an expression of displeasure, without a subject, indicating only that the client felt offended.

Furthermore, the attorney rebutted the establishment of identifiability by stressing that the game has more than ten million generated nicknames, that the victim's nickname is also common, and that it is difficult to know whether the client specifically referred to the victim.

Assistance 3. Absence of Intent

Emphasizing that the client sent the chat message in a chat window that could be seen only by a small number of people, where the other party was not visible and there was no possibility of dissemination, the attorney argued that the client had no intent whatsoever to disparage the victim.

The attorney specializing in criminal cases specifically demonstrated to the investigative agency that the statements at issue did not meet the elements of the crime of online defamation.

It was comprehensively accepted that, given the nature of the conversation, it was a limited space with no possibility of external dissemination, that it amounted to no more than an expression by which a specific victim could not be identified, and that, furthermore, intent to disparage was also difficult to recognize.

As a result, the investigative agency determined that the crime of online defamation was difficult to establish, and the client received a disposition of non-referral, bringing the case to a successful conclusion.

The crime of online defamation is a crime not punishable against the victim's will, for which prosecution cannot be instituted when the victim clearly expresses the intention not to seek punishment.

Therefore, a strategic approach with the possibility of settlement in mind is very important from the early stage of the case.

Beyond merely attempting to make contact, you must prepare a realistic compensation plan that the victim can actually accept and prepare a response suited to the gravity of the matter.

Along with this, it is necessary to prepare a sincere letter of apology and a written reflection showing that you are fully aware of the harm caused by your own words and conduct.

Furthermore, presenting a specific recidivism prevention plan so that the same problem does not recur can have a positive effect on easing the victim's emotional burden and restoring trust.

One of the most important factors in the investigation process is the consistency of statements.

If content that differs from the facts is mixed in or a statement is reversed, that alone may reduce credibility and be interpreted in an unfavorable direction.

Therefore, it is essential to exclude as much as possible any speculation based on memory or emotional expressions and to maintain statements grounded in facts that actually occurred.

In addition, because the content of statements may be used as important evidence in the subsequent investigation and determination process, you are not necessarily required to answer every question.

For parts that may operate unfavorably, a determination to protect yourself by appropriately exercising the right to remain silent is needed.

Before undergoing the investigation, it is helpful to closely review the flow and issues of the case together with an attorney specializing in criminal cases and to organize which parts should be clearly explained and which parts should be responded to cautiously.

Drawing on its experience handling numerous online defamation cases, Daeryun Law Firm quickly organizes the issues of a case from the early stage and presents a realistic response direction suited to the situation.

We encourage you to confirm a response strategy suited to your current situation through a consultation.