Frequent Emotional Complaints... 80% of Defamation Cases Not Referred by Police

As discussions regarding the abolition of criminal defamation based on factual statements have intensified, it has been revealed that approximately 80% of defamation cases are closed by the police with a decision not to refer them to prosecutors.

According to the National Police Agency on December 4, the referral rate for defamation complaints and accusations dropped from 28.0% in 2021 to 25.1% in 2022, 23.1% in 2023, 21.0% last year, and 20.8% this year (from January to October), showing a steady decline each year. Each year, between 9,000 and 10,000 defamation complaints and accusations are filed with the police, meaning that 8 out of 10 cases are not handed over to prosecutors.

The requirements for establishing defamation are strict. Three conditions must be met: publicity, the indication of facts or falsehoods, and the potential to harm social reputation. In addition, if a fact is mentioned for the public interest, it can be considered a mitigating circumstance. The frequent filing of complaints and accusations based on emotional motives is also one of the reasons for the declining referral rate. A legal expert explained, "It is not uncommon for people to file defamation complaints based on messenger conversations exchanged during workplace conflicts."

In cases of defamation complaints and accusations arising from posts or comments on overseas platforms, it is often difficult even to identify the suspect. American companies operating platforms such as YouTube, Instagram, and X (formerly Twitter) are reluctant to provide personal information about posters of allegedly defamatory content, as such acts are not subject to criminal punishment in their own country. As a result, there are frequent cases where the allegations are acknowledged but the police investigation is halted at the police stage. For example, a small business owner, Mr. A, filed a police complaint against a perpetrator who repeatedly posted false reviews on Threads, but was notified in April that the investigation would be suspended due to the difficulty of identifying the suspect.

Lee Woonghyuk, Professor of Police Science at Konkuk University, stated, "There are many cases where complaints are filed out of emotion even though the requirements for defamation are not met, which is increasing the rate of non-referral at the police stage." He also pointed out, "The current criminal defamation law, which allows for criminal punishment even when stating facts, goes against the principles of justice and fairness." Lee Geonsu, Professor of Police Administration at Baekseok University, added, "As society advances, the disclosure of facts is becoming increasingly important to guarantee the public's right to know and to prevent crime. However, the current criminal defamation law based on factual statements does not adequately reflect these public interest purposes."