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Can I file a report for the offense of video distribution?

I am a BJ who hosts personal internet broadcasts. A viewer recorded part of my broadcast without authorization, added an obscene title, and distributed it on another platform. I have never staged any suggestive scenes during my broadcasts, but I can also see videos that were edited to distort the footage so as to appear obscene and then spread. Can I file a report for the offense of video distribution in a case like this?

video distribution offense

Answer to Related Inquiry

Author: 고병준

The act of a broadcaster's video that was filmed or recorded without consent being distributed without authorization, or being disseminated in a manner that distorts or edits it so as to cause sexual shame or disgust may be punished as the offense of video distribution under the Act on Special Cases concerning the Punishment of Sexual Crimes and the Act on Promotion of Information and Communications Network Utilization and Information Protection.

Even if the video has no direct obscenity, cases where it is edited or synthesized to appear obscene are also included.

∙ filming or distribution without consent (Article 14 of the Act on Special Cases concerning the Punishment of Sexual Crimes)

: filming or distributing another person's body or a specific act without consent → imprisonment of up to 7 years or a fine of up to 50 million won

∙ distribution of edited, synthesized, or processed material (Articles 14-2 and 14-3 of the Act on Special Cases concerning the Punishment of Sexual Crimes)

: distorting the original or editing it obscenely and then distributing it → imprisonment of up to 7 years or a fine of up to 50 million won, and if for profit, imprisonment for a definite term of three years or more

∙ circulation of obscene information (Article 44-7 of the Network Act)

: distributing or selling obscene symbols or images online → imprisonment of up to 1 year or a fine of up to 10 million won

Accordingly, immediately upon becoming aware of the harm, a report should be filed with the cyber crime reporting system of the National Police Agency or 112, together with evidence.

In addition, a civil complaint should be filed with the Korea Communications Standards Commission to request the deletion and blocking of the illegal video.

Afterward, it is advisable to prevent secondary spread and to respond thoroughly through a claim for damages and a criminal complaint.

Above all, it is important to quickly identify the original distributor and the distribution route and to pursue legal measures regarding the offense of video distribution in parallel.