Practice Areas

Cyber Defamation

Cyber defamation refers to the act of damaging another person's reputation by alleging true or false facts with the purpose of disparagement in online spaces such as the internet, social media, and community sites.

1. Cyber Defamation | Definition

Criminal Group Practice Areas Cyber Defamation Definition Elements of the Offense

Cyber defamation refers to cases in which defamation takes place through the internet or digital media.

For example, posting or spreading false information or slanderous writings online so as to harm another person's reputation constitutes cyber defamation.

Unlike ordinary defamation, however, the moment such content is posted to a community or similar venue that anyone can view, the element of publicity is readily recognized given the nature of the online environment, and the offense may therefore be established with relative ease.

Elements of Cyber Defamation

(1) Intent to slander a person

(2) Through an information and communications network

(3) Publicity

(4) Statement of a fact or a false fact

(5) Harm to reputation

Examples of Cyber Defamation

▷ Slander : publicly speaking ill of or disparaging another person

▷ Disclosure : spreading a specific fact or a false fact concerning another person's wrongdoing or secrets

▷ Invasion of privacy : publicly disclosing another person's private life to others, among other acts

Severity of Punishment for 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)

A person who harms the reputation of another by publicly stating a fact

Imprisonment with or without labor for not more than 2 years or a fine not exceeding 5 million won

A person who harms the reputation of another by publicly stating a false fact

Imprisonment for not more than 5 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won

► Article 70 of the Network Act

A person who, through an information and communications network, publicly harms the reputation of another by stating a fact

Imprisonment for not more than 3 years or a fine not exceeding 30 million won

A person who, through an information and communications network, publicly harms the reputation of another by stating a false fact

Imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 70 million won

Overview of the Relevant Statutes

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.

2. Cyber Defamation | Application for Dispute Conciliation

Criminal Group Practice Areas Cyber Defamation Punishment Sentencing

To apply for conciliation of a cyber defamation dispute, the matter is handled through the following procedure.

Dispute Conciliation Procedure

(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.

▷ Hearing the statements of the parties, collecting explanatory and supporting materials from the parties, obtaining expert advice or hearing the statements of reference witnesses and others, collecting relevant materials through requests for fact inquiry and document transmission, conducting site visits, video recording, and other appropriate 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 a party has applied for conciliation for an improper purpose

▷ Where it is otherwise recognized that, by the nature of the dispute, conciliation by the conciliation division is not appropriate

▷ Where both parties or one party clearly express that they have no intention to engage in conciliation, or where they may be regarded as not substantively engaging in conciliation

→ 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.

How to Prepare a Conciliation Proposal

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

What Documents Must Be Submitted When Applying for Conciliation?

Individual

► In the case of the person themselves

-A copy of the applicant's identification

► In the case of an agent

- A copy of the applicant's identification

- A copy of the agent's identification (for an attorney, a copy of the attorney's registration card)

- A power of attorney for conciliation

- Documents proving the relationship of delegation

Organization

► Application by the representative

- A copy of the applicant's (representative's) identification

- A copy of the business registration certificate (unique number certificate)

- A copy of the corporate registration certificate (in the case of a corporation)

► Application by an agent

- A copy of the applicant's (representative's) identification

- A copy of the business registration certificate (unique number certificate)

- A copy of the corporate registration certificate (in the case of a corporation)

- A copy of the agent's identification (for an attorney, a copy of the attorney's registration card)

- A power of attorney for conciliation

- Documents proving the relationship of delegation

3. Cyber Defamation | If You Are a Suspect?

Cyber defamation is an offense in which even adolescents may readily become involved.

A comment or post left online under the cover of anonymity may, if it was made with the intent to slander another person, result in a police investigation, and on that basis criminal punishment may follow.

A civil claim for damages may also be brought, which can entail financial liability, so prompt and professional legal response is needed.

Collection of Sentencing Materials Needed for Settlement and Leniency

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.

Points to Note When Making a Statement

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.

4. Cyber Defamation | If You Are a Victim?

A victim of cyber defamation may take legal measures to protect their reputation from false statements made online.


Through these measures, the victim can restore their rights by various methods, including requesting deletion of the information, filing a criminal complaint, and bringing a claim for damages.

Request for Deletion of Cyber Defamation Information

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)

Methods of Provisional Measures

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.'

Period of the provisional measure : 30 days

Submission of a Request for Provision of Information

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.

▷ Name

▷ Address

▷ Other information, such as the contact details of the relevant user, that the conciliation division recognizes as necessary for filing a civil or criminal lawsuit

Criminal Complaint

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.

Civil Litigation

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.

5. Cyber Defamation | Legal Assistance

Practice Area Cyber Defamation The Need for Assistance from a Criminal Defense Attorney

A cyber defamation case may bring serious legal consequences for both the suspect and the victim, so the initial response is highly important.

If you have been named as a suspect, you may need to promptly organize the facts, secure favorable materials, and review the possibility of a settlement. A careless response can lead to criminal punishment or civil liability for damages.

Conversely, from the victim's standpoint, procedural responses are required, such as requesting the deletion of information to restore reputation, identifying the perpetrator and preparing a criminal complaint, and claiming damages.

We recommend that you review the points noted above and respond carefully so that a small misunderstanding does not lead to significant disadvantage.

If you require the assistance of a criminal defense attorney while preparing your response, you may request assistance from a criminal defense attorney at Daeryun Law Firm.

The firm includes a number of 🔗criminal defense attorneys, allowing prompt response measures to be prepared.

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