Difficulties in Cooperation with Overseas Platforms like YouTube
Separate Measures Needed for Domestic Cyber Defamation
Girl group IVE's Jang Wonyoung has won a damages lawsuit against the YouTube channel 'Taldeok Suyongso,' drawing attention to whether a path for punishing so-called 'cyber rekkas' will open.
However, in the case of overseas platforms like YouTube, it is difficult to obtain cooperation even when requesting the perpetrator's identity information, so punishment relies entirely on the victim's efforts. Accordingly, there are calls for separate measures to prevent cyber defamation domestically as well.
According to the legal community on the 17th, Judge Park Jiwon of the Seoul Central District Court's Civil Division 210 ruled partially in favor of the plaintiff in December last year in the damages lawsuit filed by Jang against Park, the operator of the YouTube channel Taldeok Suyongso. The court ordered Park to pay Jang 100 million won and delayed interest.
Taldeok Suyongso has been accused of producing videos containing slander against Jang since 2021, damaging her reputation. The YouTuber also created defamatory videos about several other idol singers, and as of December 2022, before the account was deleted, the videos had surpassed 150 million views.
Park was called a 'cyber rekka' because, like a 'rekka (tow truck)' rushing to the scene of a traffic accident, he quickly posted videos piecing together false information whenever controversies arose about specific celebrities. Jang's agency filed a criminal complaint against Park for defamation and insult charges in addition to the damages claim.
However, the legal community is cautious about seeing this ruling alone as opening the way to punish cyber rekkas. In Jang's case, her agency managed to obtain an order for operator information disclosure through the U.S. District Court in California, but most victims are often frustrated at the first step of securing the perpetrator's identity when trying to file defamation lawsuits.
Especially, requesting identity information from overseas platforms based in the U.S., such as YouTube, requires evidence translated into English and the assistance of legal professionals knowledgeable about differing laws in each federal court. Lawyer Park Sang-oh of Barun Law Firm said, "It is very difficult to verify identities on overseas platforms like YouTube," adding, "U.S. lawyers charge by the hour, so there is a limit to the costs that ordinary people can bear. Jang's case was possible because of her agency's full support."
IVE's Jang Wonyoung is attending the Galaxy Unpacked event held on the 26th at COEX in Gangnam-gu, Seoul. Photo by Jang Jinhyung aymsdream@
Even if a lawsuit is filed after identifying the perpetrator, punishments for cyber defamation tend to be relatively light. Lee Eun, lead attorney at Lee Eun's Law Office, explained, "In criminal defamation cases, if the plaintiff is not a famous person, it is rare for imprisonment sentences to be handed down," adding, "In civil lawsuits, a damages award of tens of millions of won is considered quite high."
In fact, a man in his 30s who was prosecuted last year for posting defamatory articles about Baek Jong-won, CEO of The Born Korea, was fined 3 million won in the first trial. A woman in her 20s who was prosecuted for posting defamatory comments about webtoon artist Yaongyi, who serializes 'True Beauty' in 2021, was fined 2 million won. Under the Information and Communications Network Act, cyber defamation can be punished by imprisonment of up to three years or a fine of up to 30 million won, but actual penalties tend to be lower.
Attorney Lee pointed out, "Recently, perpetrators have been using subtle language to commit defamation, making the crimes more sophisticated," and noted, "The low level of punishment has indeed expanded the perpetrators' leeway."
The number of cyber defamation crimes has increased significantly. According to the National Police Agency's crime statistics, the number of cyber defamation cases rose 94.4% from 15,043 in 2015 to 29,258 in 2022.
There are also calls for platforms to establish countermeasures. Under current law, YouTube is classified as a value-added telecommunications business operator and is not fined for failing to regulate problematic content. In contrast, broadcasting stations must establish internal review bodies under the Broadcasting Act and can be fined if they produce content harmful to the public interest.
In the National Assembly, the 'Integrated Broadcasting Act,' which would include YouTube as a regulatory target, was discussed but was halted due to concerns that it might stifle internet businesses. Professor Seong Dong-gyu of Chung-Ang University's Department of Media and Communication said, "Currently, when the platform changes, the regulatory authority also changes," adding, "YouTube should also be included as a regulatory target so that problematic content can be strongly regulated on the same level as broadcasting."
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