Defamation/Dissemination of False Information

Defamation is an act intended to harm another person's social reputation or dignity, and it is established where a person damages another's reputation by disseminating false facts or by disclosing facts.

For defamation to be established, it must be possible to prove that the victim's reputation was actually damaged, and where the disseminated content consists of false facts, the offense is established more clearly.

In addition, even where true facts were disseminated, defamation may be recognized if the information was socially unnecessary or capable of causing harm.

The dissemination of false information is a crime that damages another person's reputation by spreading information that is not true, and it is established only where the false facts are publicly disseminated.

In this case, the disseminated content must be something that does not actually exist or that has been distorted, and the disseminated information must be capable of lowering the victim's social reputation.

In addition, when disseminating false facts, there must be a deliberate intent to damage another person's reputation, and without such intent, the crime may not be established.

If the person who disseminated the false facts did not act with intent but merely conveyed information, the dissemination of false information may not be established.

※ Defamation by allegation of false fact

If you receive a criminal complaint, the first step is to identify the purpose of the complaint and the specific grounds for it.

A complaint contains the complainant's assertions, the criminal facts concerning what the accused is alleged to have done, and the evidence submitted by the complainant. It should be read accurately so that the direction of the response can be set.

If you receive a request to appear before the police, you should appear at the designated date and time, and it is important to maintain a faithful and composed attitude during questioning.

It is advantageous to organize your position in advance and to maintain consistent statements in response to questions.

It is also helpful to remember that you have the right to refrain from making statements unfavorable to yourself, and that, depending on the situation, the right to refuse to make statements (the right to remain silent) is also legally guaranteed.

Before questioning, it is advisable to organize your position and the logical grounds supporting it.

For example, preparing by organizing points such as whether the statement in question was for the purpose of the public interest, whether it amounted to no more than a mere expression of opinion, and the fact that there was no intent to disparage the other party can help reduce misunderstanding on the part of the investigative authorities.

To prove that the information is not false, sufficient objective evidence demonstrating that the content is true should be gathered.

For example, video, photographs, documents, and written statements from third parties fall into this category.

In addition, preparing materials showing that you did not intentionally damage another's reputation, as well as materials capable of demonstrating a generally diligent way of life or the absence of any concern about reoffending (such as a letter of reflection or a petition) can have a positive effect on the judgment of the investigative authorities or the court.

Such materials play an important role in enhancing the credibility of your statements and in clearing the charges.