Supreme Court: "Defamation Occurs If Even a Few People Could Possibly Receive the Statement"

Chief Justice Kim Myeong-su and other Supreme Court justices are attending the plenary session verdict held at the Supreme Court in Seocho-gu, Seoul, on the afternoon of the 19th.
[Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] The Supreme Court has ruled that even if a defamatory statement is made to a small number of people, it can still constitute defamation if there is a possibility that it will spread to a larger audience.

The Supreme Court en banc (Presiding Justice Kim Jae-hyung) on the 19th upheld the original sentence of four months imprisonment for Mr. A, who was charged with defamation. In 2018, Mr. A was accused of damaging the reputation of Mr. B, a resident of the same village, by loudly shouting near Mr. B’s house, "He is a convicted criminal who served time in prison. He is a scoundrel who lives off his elderly parents’ blood." At the scene, there were two people present, including Mr. A’s husband and a relative of Mr. B. Both the first and second trial courts found that Mr. A’s statements were intentional and public, and ruled guilty.

The Supreme Court also stated, "Since defamation requires only the risk of damaging reputation, even if the statement was made to a small number of people, if it results in a situation where an unspecified or large number of people can recognize it, it can be considered a public statement," and agreed with the lower court’s judgment. The court concluded that the doctrine of transmission possibility, established in 1968, remains valid. However, among the 12 justices, Justices Kim Jae-hyung, Ahn Cheol-sang, and Kim Seon-su dissented, arguing that the transmission possibility doctrine excessively expands the scope of defamation punishment and that it is difficult to establish objective standards.

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