Is the 'Third-Party Defamation Lawsuit' Unconstitutional? Constitutional Court to Deliver Ruling Today

Chief Justice Yun Nam-seok of the Constitutional Court and the Constitutional Court Justices / Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Seongpil Cho] The constitutionality of the provision in the Act on Promotion of Information and Communications Network Utilization and Information Protection (Information and Communications Network Act) that allowed third parties to file defamation charges will be decided on the 29th.

The Constitutional Court will announce the ruling on the constitutional complaint case regarding Article 70, Paragraph 3 of the Information and Communications Network Act on the afternoon of the same day. Article 70, Paragraph 3 of the Act prohibits prosecution against the will of the victim. This is known as a "quasi-official prosecution" clause, meaning that if the victim does not wish to punish the offender, prosecution cannot proceed.

This provision has served as the basis for allowing not only the victim but also third parties to file defamation charges under the Information and Communications Network Act. If the victim does not explicitly express a desire not to punish the offender, government agencies can independently conduct investigations and trials. Accordingly, investigations could be initiated based on third-party complaints.

The case began when Mr. A, who was fined 700,000 won by the court after being accused by fans of defaming a celebrity, filed a constitutional complaint in 2018. Mr. A argued that "Article 70, Paragraph 3 of the Information and Communications Network Act violates the principle of proportionality and the principle of legality." Allowing third parties to file defamation charges infringes on fundamental rights such as the right to pursue happiness and equality, making it unconstitutional.

The Constitutional Court's decision is drawing attention as it coincides with a proposed amendment to the Information and Communications Network Act submitted to the National Assembly. The amendment primarily seeks to revise the defamation provisions to require a complaint from the involved party before prosecution can be initiated, effectively making it a "complaint-based offense." The amendment was introduced earlier this month by Representative Choi Kang-wook of the Open Democratic Party. Currently, Representative Choi is undergoing a criminal trial for defamation under the Information and Communications Network Act following a complaint from a civic group.

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