"Are You Saying We Should Do It Now?" People Searching SNS Over Law

[Asia Economy Reporter Han Seung-gon] # Kim, a company employee in his 20s, recently began posting slanders about the opposing party involved in an ongoing lawsuit on his Facebook. Kim posted on SNS, "I can't live feeling wronged. I will expose everything I have suffered." However, most of Kim's posts turned out to be false. Ultimately, Kim not only lost the case but also faced aggravated punishment.

During trial periods, it is increasingly common for people to vent their frustration by mentioning the opposing party on social networking services (SNS), using abusive language or spreading false information. In the past, there was a saying that "the fist is mightier than the law," but now it seems SNS is mightier than the law. There are even extreme cases where individuals refuse to accept the court's judgment and continuously defame the other party on SNS, insisting that they are right no matter what.

There are various types of defamation on SNS. Some plead their innocence, claiming to be the victim despite the trial revealing the truth; some are reckless, loudly demanding that the other party be permanently isolated from society; others vow revenge someday. There are also those who, despite losing the trial, cannot accept the outcome and spread conspiracy theories claiming problems with the judiciary's ruling.

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The legal community advises that such behavior is strictly prohibited. The level of punishment is severe, and even if the defamation is based on true facts, one can still be penalized.

Cyber defamation is punishable under the relevant law (Article 70 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.). If defamation is based on facts, one can face imprisonment of up to 3 years or a fine of up to 30 million KRW. If defamation is based on false information, the penalty can be imprisonment of up to 7 years, suspension of qualifications for up to 10 years, or a fine of up to 50 million KRW. The reason for such severe penalties lies in the nature of the internet. Posts containing defamation spread rapidly and are difficult to delete, potentially causing greater harm. This can also lead to mental health issues, so it is classified as a serious crime.

However, according to the National Police Agency, cyber defamation and insult crimes have been steadily increasing every year. Cases rose from 13,348 in 2017 to 15,926 in 2018, 16,633 in 2019, and 19,338 in 2020. Consequently, courts have significantly increased the severity of punishments. Since 2019, sentencing guidelines have been raised to allow up to 3 years and 9 months imprisonment for intentionally spreading false information repeatedly online. Defamation of the deceased can result in up to 2 years imprisonment, and insult crimes can be punished by up to 1 year imprisonment.

Oh Yoon-sung, a professor in the Department of Police Administration at Soonchunhyang University, said, "There used to be a saying that the fist was mightier than the law, but nowadays there is also a saying that SNS is mightier than the law." He pointed out, "For example, when an incident occurs and a trial is held, one should wait for the judiciary's judgment, but (even during the trial) people pour out one-sided claims on SNS." He added, "It is a kind of witch hunt, a trial by public opinion. One must be careful as it can violate the Information and Communications Network Act and defamation laws."

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