Supreme Court: "Even if you slander others, it is not defamation if there is no possibility of dissemination"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The Supreme Court ruled that even if false information such as slander about others is spread, if there is no possibility of it being widely disseminated, the crime of defamation does not apply.

The Supreme Court's 2nd Division (Presiding Justice Ahn Cheol-sang) overturned the lower court's ruling that sentenced Mr. A, who was indicted for defamation, to a fine of 5 million won, and remanded the case to the Chuncheon District Court on the 16th.

After Mr. B passed away, a property dispute arose, and Mr. A was prosecuted for spreading slander about Mr. B's family, such as "They embezzled all of Mr. B's property" and "They did not get along well with Mr. B." Whether the slander Mr. A spread to those around him had the potential to be widely disseminated became a key issue in the trial.

Mr. A argued that only two people heard the slander, and they were only indirectly related to Mr. B's property and were not acquainted with Mr. B's family. The first and second trials ruled, "The two people who heard Mr. A's words have no personal relationship with any party involved in the case and are not bound by confidentiality," and "Therefore, there is a possibility that the information heard from Mr. A could be transmitted to unspecified or multiple people," recognizing guilt.

However, the Supreme Court's judgment was the opposite. It stated, "Mr. A spoke in the presence of only two people, and the content was very private," and "Since the two people who heard the slander neither know Mr. A nor Mr. B's family, it seems unlikely they would have any reason to disclose what they heard from Mr. A to others."

This content was produced with the assistance of AI translation services.