Constitutional Court Holds Public Hearing on Unconstitutionality of 'Defamation by Stating Facts' Punishment

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[Asia Economy Reporter Song Seung-yoon] A public hearing was held at the Constitutional Court regarding whether the current Criminal Act provision that punishes defamation even when the truth is disclosed is unconstitutional.

On the 10th at 2 p.m., the Constitutional Court held a public hearing in the main courtroom on the constitutional complaint filed by Mr. A concerning Article 307 of the Criminal Act, listening to expert opinions.

In August 2017, Mr. A attempted to disclose online the negligence of a veterinarian after his pet dog, treated at an animal hospital, was at risk of blindness. However, upon learning that he could be punished for defamation, he filed a constitutional complaint in October of the same year.

Article 307 of the Criminal Act stipulates that "Anyone who publicly defames another person by stating facts shall be punished by imprisonment or detention for not more than two years or by a fine not exceeding 5 million won." However, Article 310 of the same law provides an exception, stating that if the stated content is "a true fact solely related to the public interest," it shall not be punished.

Mr. A's legal representative argued that if the stated content is true, it should not constitute a criminal offense in principle. They claimed that Articles 307 and 310 treat the disclosure of facts as a crime and only exempt illegality ex post facto, which is unconstitutional.

In response, the Ministry of Justice argued that even if matters such as sexual orientation or family affairs are true, their disclosure could infringe on privacy; therefore, the defamation provision based on stating facts is necessary.

At the public hearing, Professor Kim Jae-joong from Chungbuk National University Law School attended as a witness for Mr. A, and Professor Hong Young-ki from Korea University Law School attended as a witness for the Ministry of Justice.

Professor Kim said, "In a democratic society, it is appropriate for the victim to raise issues and for proper measures to be taken against the person concerned," adding, "The fear of criminal punishment due to the defamation of stating facts suppresses freedom of expression."

On the other hand, Professor Hong said, "While freedom of expression is important, it should not allow the deprivation of others' fundamental rights simply because one enjoys that freedom," and added, "I am skeptical about recognizing the disclosure of facts merely to satisfy the curiosity of many people."

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