[What Do You Think? Legislation Needed to Confiscate Ten Times the Profits Earned by 'Cyber Leakers']

The Courts Are Increasing Penalties for "Cyber Leakers"
But Without Seizing Their Profits, Fundamental Solutions Remain Elusive

Last July, a group of YouTubers from the "Online Tow Truck Association" shocked society when they blackmailed the popular mukbang YouTuber Tzuyang, threatening to expose her past and extorted tens of millions of won from her. The police are currently investigating the head of the YouTube channel "Garo Sero Research Institute," which posted audio recordings and expos? videos related to Tzuyang.

Another YouTuber, "Entertainment President Lee Jinho," has repeatedly posted expos? videos about actress Kim Saeron since 2022. As photos and videos of the late Ms. Kim were released, unverified information spread online, suggesting that a famous actor was involved in her death.

On YouTube, so-called "cyber leakers" who incite hatred by exposing the private lives of celebrities and other public figures are becoming increasingly active. This phenomenon reveals the dark side of the YouTube world, which is gaining attention as a new channel for information distribution. However, it is practically difficult to stop these individuals. Many are calling for countermeasures.

Recently, the judiciary has been increasing the severity of punishments for YouTube "cyber leakers." The courts have made it clear that they will impose harsh penalties for malicious defamation. On April 18, Changwon District Court Criminal Division 6 Chief Judge Woo Sangbeom 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. "Jiphaengin" was accused of disclosing the identities of perpetrators in the Miryang case on YouTube from June to August last year and of falsely identifying unrelated individuals as perpetrators.

On February 20, Suwon District Court Criminal Division 14 Chief Judge Park Irang also sentenced the YouTuber "Gujaeyeok" to three years in prison for charges including extortion, and gave a suspended sentence and community service to the YouTuber "Jujak Gambyolsa," who was indicted as an accomplice. The YouTubers "Karakula" and "Crocodile" were each given suspended sentences and fines of 5 million won. Gujaeyeok and Jujak Gambyolsa 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 Gujaeyeok to commit extortion.

Although these individuals were punished, in reality, many cyber leakers operate anonymously, making it difficult for victims to identify them when seeking to file 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, "Taldeok Suyongso," which spread false information about Jang Wonyoung, a member of a popular idol group, could only be identified after her agency applied for an order to disclose information at the U.S. District Court for the Northern District of California.

Moreover, in many cases, the courts still hand down lighter sentences rather than severe punishment. According to the Supreme Prosecutors' Office's "Results of Cyber Defamation Dispositions," out of 7,244 cases of cyber defamation received in 2023, only 9 resulted in detention trials, 261 in non-detention trials, and 1,561 in summary indictments (prosecution for fines).

The political sector is proposing legislation to curb the harm caused by cyber leakers. According to the National Assembly's legislative information system, four bills related to cyber leakers have already been proposed this year. Most of these bills aim to strengthen punishment by increasing the prison terms and fines for defamation under the Information and Communications Network Act. Some propose raising the maximum fine for defamation with intent to slander to 1 billion won, and allowing prison sentences of up to 15 years.

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

Kim Bongseop, a research fellow at the National Information Society Agency, also stated, "The biggest motivation for cyber leakers is economic gain, so requiring YouTube sponsorships to be received only by corporations, making it difficult for individuals to collect them, could be one solution," and added, "It is also necessary to enact laws related to digital media education to correct these misconceptions."