[Editorial] Drastic Measures Needed for Online Defamation

Online defamation continues to rise, yet penalties have failed to keep pace. Even at this very moment, countless lives are being shattered by insults, disparaging comments, and rapidly spreading false information. A single comment posted as a joke or out of emotional outburst can cause tremendous pain to someone, sometimes even leading to the loss of life. For those who have not experienced it, the severity is hard to grasp. Online defamation is a silent weapon and a form of verbal violence. It is now time to implement special measures.

According to the National Police Agency, there were 12,900 cases of defamation under the Act on Promotion of Information and Communications Network Utilization and Information Protection (Information and Communications Network Act) last year. This was the highest number since statistics were first compiled in 2014. Cases of insult crimes, which involve repeated abusive language or disparagement, have exceeded 20,000 each year over the past five years. This amounts to more than 60 cases per day on average.

The legal penalties themselves are not light. In the case of cyber defamation, offenders can be sentenced to up to seven years in prison. For insults, the maximum is one year, and for sexual insults, up to two years of imprisonment. However, the reality in court decisions is different from what the law prescribes. According to an analysis of 49 first-instance rulings on cases of insult and defamation via internet broadcasting and videos, as well as under the Information and Communications Network Act, conducted by a media outlet from 2019 to 2021, fines were imposed in 39 cases (79%). The average fine was only 2.32 million won. In 44 cases (89%), the offenders did not receive prison sentences. This is why there are calls for the Supreme Court to strengthen legal sanctions.

Platforms also bear significant responsibility. Online defamation is not merely a matter of individual misconduct, but a social and structural problem. Germany is enforcing a law that imposes fines of up to 65 billion won on internet service providers who neglect to address hate speech. Unlike Naver or Kakao, global companies like Google are not obligated to comply with Korean court requests for information provision, and this issue must also be addressed. The National Assembly must immediately begin legal discussions on this matter.

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