Origins and purpose
Protecting reputation by law reaches back to Roman iniuria and English libel and slander. Post (1986) described three things defamation law guards: reputation as earned property, as social honor, and as human dignity. Korea has punished defamation since its 1953 Criminal Act (Art. 307), and the Network Act (Art. 70) now treats online defamation with intent to disparage more harshly.
Elements and penalties
Prosecutors must show publicity (a statement others can learn of), a specific factual allegation, an identifiable target and reputational harm. Korean courts accept publicity even for a remark to one person if it is likely to spread. Contempt without specific facts falls under criminal insult instead.
| Type | Basis | Maximum penalty (summary) |
|---|---|---|
| True facts | Criminal Act 307(1) | 2 years or KRW 5 million fine |
| False facts | Criminal Act 307(2) | 5 years or KRW 10 million fine |
| Online, intent to disparage (true) | Network Act 70(1) | 3 years or KRW 30 million fine |
| Online, intent to disparage (false) | Network Act 70(2) | 7 years or KRW 50 million fine |
Defamation cannot be punished if the victim objects (Art. 312), and true statements made solely for the public interest are not unlawful (Art. 310).
Global comparison and reform
The U.S. requires actual malice for public officials (New York Times v. Sullivan, 1964), and the UK's Defamation Act 2013 added a serious-harm threshold. UN General Comment No. 34 (2011) urges states to consider decriminalizing defamation. Korea's Constitutional Court upheld the truthful-statement offense 5–4 in 2021, while dissenters warned of chilling effects. Civil claims for damages and consolation money run separately.
If you are targeted
- Capture URLs, timestamps and screens, and ask the platform for temporary blocking.
- File a criminal complaint, a civil claim, or both; a certified letter demanding removal often comes first.
- Before posting, ask: is it true, is it of public concern, does it name someone, and is the wording needlessly insulting?
FAQ
- Can a group-chat message be defamation?
- Yes. Even a small audience can count as public if the remark is likely to spread.
- Can I be punished for saying something true?
- In principle yes, unless it was true and made solely in the public interest.
Sources reviewed: 2026-11-09
References
- 형법 제307조~제312조 (명예에 관한 죄). Korean Criminal Act articles on defamation, truth defense and victim-objection rules.
- 정보통신망 이용촉진 및 정보보호 등에 관한 법률 제70조. Network Act Article 70 on aggravated online defamation with intent to disparage.
- 헌법재판소. (2021. 2. 25.). 2017헌마1113 등 결정 (형법 제307조 제1항 위헌확인). Constitutional Court decision (5–4) upholding criminal truthful-statement defamation.
- 찾기쉬운 생활법령정보. (n.d.). 사이버 명예훼손·모욕. Plain-language government guide to reporting online defamation and insults.
- New York Times Co. v. Sullivan, 376 U.S. 254 (1964). Landmark U.S. case creating the actual-malice standard for public officials.
- UN Human Rights Committee. (2011). General comment No. 34: Article 19, Freedoms of opinion and expression (CCPR/C/GC/34). UN guidance urging states to consider decriminalizing defamation (para. 47).
- Post, R. C. (1986). The social foundations of defamation law: Reputation and the Constitution. California Law Review, 74(3), 691–742. Classic analysis of reputation as property, honor and dignity.