Court rules libel charges for online slander constitutional
By Lee Hyun-jeongPublished : Feb. 29, 2016 - 17:01
The Constitutional Court on Monday ruled that punishing those who post slanderous comments online with libel charges is constitutional.
Two individuals, one of them identified by the surname Choi, filed a constitutional appeal after they were fined 1.5 million won ($1,200) for posting defamatory comments online against a businessman who failed to return their investment costs.
They claimed that the definition of “slanderous purpose” in the information network law is ambiguous and that the regulation excessively breaches fundamental human rights.
Two individuals, one of them identified by the surname Choi, filed a constitutional appeal after they were fined 1.5 million won ($1,200) for posting defamatory comments online against a businessman who failed to return their investment costs.
They claimed that the definition of “slanderous purpose” in the information network law is ambiguous and that the regulation excessively breaches fundamental human rights.
The information network law stipulates that those who reveal facts online to damage reputation for the purpose of slandering can be punished with a jail term of up to three years or fined up to 20 million won.
In a 7-2 decision, however, the court said that “there is a necessity to protect personal rights by regulating slanderous expressions even in cases which guarantee the freedom of expressions.”
By Lee Hyun-jeong (rene@heraldcorp.com)