Consecutive Malicious Comments Following Celebrity Privacy Exposure... What Are the Defamation Punishment Standards?

Controversy Over Soccer Player's Girlfriend Remarks
Criminal Act Article 307 Defamation by Fact Stating
Regardless of Truth, Malicious Commenters Also Punished

[Asia Economy Reporter Yoo Byung-don] The exposure of celebrities' private lives and malicious comments have once again sparked controversy.

A woman claiming to be the girlfriend of soccer national team player Hong Cheol alleged on social media that "Hong cheated with more than 10 women during the one and a half years they dated and did not comply with COVID-19 gathering restrictions." Shortly after this post became known, malicious comments and criticisms targeting Hong appeared on social media and related reports. There were even calls to revoke his national team qualification citing the "duty to maintain dignity, social responsibility, morality, and promote harmony among players."

Earlier in August, broadcaster Park Soo-hong faced allegations of dating violence against an ex-girlfriend and using his pet cat as a means of making money. When actress Han Ye-seul's private life was exposed, malicious comments about her and her boyfriend also proliferated.

However, in cases of private life exposure, legal punishment can be imposed regardless of the factual accuracy. Article 307 of the Criminal Act states that "Anyone who publicly defames another person by stating facts shall be punished by imprisonment or detention for up to two years or a fine of up to 5 million won." This is known as "defamation by stating facts." Even if the truth is revealed, if it constitutes defamation, it is subject to punishment.

Not only the person who posted the expos? but also those who write excessively malicious posts and comments containing similar content can be sued. In fact, broadcasters such as Park Soo-hong and Han Ye-seul have filed lawsuits against netizens who left malicious comments about their private lives.

Defamation laws can be applied more strictly online where anonymity is guaranteed. The Criminal Act specifies that acts based on true facts related solely to the public interest are not punishable, but proving public interest requires demonstrating that the mentioned facts relate to the interests of the nation, the general public, or a specific social group or its members, which is not easy.

Seemingly aware of this situation, the woman who exposed Hong Cheol's private life suddenly deleted all related content and posted an apology. On the afternoon of the 5th, the day of the expos?, she wrote on her SNS, "Due to my clouded judgment and emotional reaction, the outcome was completely different from my true intentions," adding, "Private matters should be resolved between individuals, but that did not happen. I sincerely bow my head and apologize, and I will accept any criticism regarding this."

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