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'Cyber wreckers' who promote hate by exposing the private lives of celebrities and other public figures on YouTube are running rampant. This shows the dark side of the YouTube world, which is gaining attention as a new channel for information distribution. However, it is virtually impossible to stop them. There are calls for effective countermeasures.

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Recently, the judiciary has been increasing the level of punishment for YouTube 'cyber wreckers'. The intention is to strictly punish malicious slander. On April 18, Woo Sangbeom, presiding judge of the Criminal Division 6 of the Changwon District Court, sentenced the operator of the YouTube channel 'Jiphaengin' to three years in prison and ordered the forfeiture of 5.66 million won for charges including defamation under the Information and Communications Network Act. This is an unusually heavy sentence for a defamation case. From June to August last year, 'Jiphaengin' was accused of disclosing the identities of the perpetrators of the Miryang incident on YouTube and falsely identifying unrelated individuals as perpetrators.

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On February 20, Park Irang, presiding judge of the Criminal Division 14 of the Suwon District Court, also sentenced YouTuber Gu Jeyeok to three years in prison on charges including extortion, and handed down a suspended sentence with community service to YouTuber Jujakgambalsa, who was indicted as an accomplice. YouTubers Karakula and Crocodile each received suspended sentences and fines of 5 million won. Gu Jeyeok and Jujakgambalsa were indicted for extorting 55 million won from Tzuyang in February 2023 by threatening to expose her private life. Karakula and Crocodile were accused of encouraging Gu Jeyeok to commit extortion.

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Although these individuals were punished, in reality, a significant number of cyber wreckers operate anonymously, making it difficult for victims to identify them when filing complaints or lawsuits. This is because Google Korea, the operator of YouTube, does not provide user information, claiming it does not possess the personal details of YouTube account holders. For example, in the case of 'Taldeoksooyongso,' which spread false information about Jang Wonyoung, a member of a popular idol group, the victim's agency was only able to obtain the perpetrator's identity after applying for a disclosure order at the United States District Court for the Northern District of California.

Furthermore, in most cases, court rulings still result in lighter penalties rather than severe punishment. According to the Supreme Prosecutors' Office's 'Results of Cyber Defamation Dispositions,' out of 7,244 cyber defamation cases filed in 2023, only 9 resulted in detention trials, 261 in non-detention trials, and 1,561 were prosecuted through summary indictments (fines).

Despite proposed legislation... No fundamental solution unless economic gains are confiscated

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The political community is proposing bills to curb the harm caused by cyber wreckers. According to the National Assembly Bill Information System, four bills related to cyber wreckers have been proposed this year alone. Most of them aim to strengthen punishment by increasing the prison terms and fines for defamation under the Information and Communications Network Act. For example, they propose raising the maximum fine for defamation with malicious intent to 1 billion won, or allowing prison sentences of up to 15 years.

However, experts point out that simply 'scaring' cyber wreckers is not enough to stop them. They argue that measures to cut off their financial resources and suppress the motivation for their crimes must be implemented in parallel. Kang Hoseok, an attorney at Jeonghyang Law Firm, said, "To stop cyber wreckers, it is more effective to impose economic sanctions, such as confiscating not only the profits generated from their content but also all profits earned from operating their YouTube channels." He added, "Like disciplinary surcharges imposed on public officials, it is necessary to confiscate and collect up to 10 times or even 100 times the profits."

Kim Bongseop, a research fellow at the National Information Society Agency, also said, "The biggest motivation for cyber wreckers is economic gain, so requiring that YouTube sponsorships be received by corporations rather than individuals could be one way to address the issue." He added, "It is also necessary to enact laws related to digital media education to change misguided perceptions."

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