“XX” Is It Insulting? ... “Need for Regulation” vs “Suppression of Freedom of Expression”

Increasing Online Insults
1:1 Chats, Game Conversations, etc.
Difficult to Apply Defamation Crime Requirements
Civic Calls for Harsher Punishments
Experts Divided on the Issue

Online, abusive language and criticism are rampant, causing increasing harm to individuals. However, these expressions often do not meet the legal criteria for defamation, making it difficult to pursue actual punishment. Photo by Reader Provided

Mr. A experienced an absurd situation during a secondhand transaction. When he told the seller that the product description differed from the actual item, he received a reply along the lines of "If you're not going to buy it, don't ask." Afterwards, the seller started speaking informally with "So what?" and eventually cursed at Mr. A with "XX." Feeling insulted, Mr. A filed a complaint at the Seodaemun Police Station in Seoul on the 30th of last month, but the response was that punishment was difficult as the requirement of 'publicity' was not met.

Mr. B, while enjoying the game "League of Legends," was called "ㄴㄱㅁ" (a derogatory term referring to one's mother) and "bug" by an opponent. Feeling insulted, he considered filing a complaint. However, after hearing from a lawyer that the 'specificity' requirement for defamation was not met because a nickname or ID online cannot specifically identify a person, he gave up on filing the complaint.

Insults and criticisms are rampant online, and the number of people hurt by them is increasing. However, it has been found that these expressions often do not meet the elements required for defamation charges, making actual punishment difficult. While some citizens call for easing the requirements to strengthen punishment, opinions among experts are divided.

Under criminal law, three main elements are required for defamation charges to be established. The insulting remarks or expressions must be made in front of multiple people (publicity), the remarks must be specifically directed at a person (specificity), and there must be an act expressing abstract judgment or contemptuous feelings that could lower another person's social evaluation (insulting act).

Although 1:1 chatting is common in online environments, it does not constitute 'performance' because the conversation does not take place in front of a large audience. Photo by Reader Provided

However, expressions that citizens consider insulting do not necessarily constitute defamation. In online environments, many conversations occur in one-on-one chats, which are not considered to be in front of multiple people, so 'publicity' is not established. During in-game chats, 'specificity' becomes an issue because only the ID is revealed, and the actual user behind the ID cannot be identified.

The number of online defamation reports has been increasing year by year. According to the Police Agency's "Cyber Defamation and Libel Statistics," there were 15,926 related cases in 2018. The number rose to 16,633 in 2019, 19,388 in 2020, and reached 29,899 last year, about 1.8 times higher than in 2018.

As a result, voices calling for stronger punishment of defamation are emerging among citizens. Mr. Song (29) said, "Many people hide behind the internet and say whatever they want, so punishment should be strengthened or the requirements relaxed." Ms. Kim (23) said, "Even if not strengthening punishment, I wish there was an internet real-name system. That way, the 'specificity' requirement for defamation could be met."

Prosecutor Ko Yujin of Daejeon District Prosecutors' Office stated in a paper published last year titled "Study on Victim Identification and Internet ID Honor Subjectivity in Internet Defamation" that "Internet defamation acts are close to insulting both the internet self and the real-world self," and "Even if the victim is not revealed in the real world at the time of defamation, if the target itself is specific, internet defamation should be established."

On the other hand, lawyer Ha Jinkyu (Founders Law Office) said, "It feels patriarchal as if the state is taking care of people being insulted," and "The current level of defamation punishment is already excessive, and if expanded too much, freedom of expression will be infringed. In the long term, it is necessary to guide resolution through civil means."

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