Protecting the company's brand from defamation!

Law firm Veat received a request from Company A (hereinafter referred to as the "client"), which operates wholesale and retail businesses, to review legal remedies regarding a broadcast that defamed its brand.

The client believed that its reputation was damaged by a broadcast that compared and defamed it with competitors, and sought out Law firm Veat, specializing in Information and Communications Technology (ICT).

Law firm Veat’s IT team conducted a comprehensive legal review to determine whether the broadcast constituted defamation and what legal actions could be taken based on that determination.

First, we reviewed violations of the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」 (hereinafter referred to as the "Information and Communications Network Act"). We performed a careful analysis to determine whether the broadcast met the requirements for defamation, regardless of the truthfulness of its content, and whether it was a public interest report or simply defamation.

In addition, we presented additional countermeasures based on the Criminal Procedure Act and the Civil Act. Defamation can not only result in criminal punishment, but also serve as grounds for civil damages claims, so Law firm Veat’s IT team provided various countermeasures and provided specific guidelines and legal basis to execute them efficiently.

In particular, in this case, because it was a defamation case via the information and communications network, Law firm Veat’s Information and Communications Attorney considered it important to minimize the online spread of the broadcast and additional damage, and suggested requesting deletion of the broadcast content and taking measures to prevent additional damage.

Defamation punishment under the Information and Communications Network Act, plays an important role in the digital age

The defamation punishment provision under the Information and Communications Network Act plays an important role in the digital age. Actions that defame or distort facts through the information and communications network to damage another’s reputation can result in serious legal responsibility.

Article 1, Paragraph 2, Sub-Article 1 of Article 44-7 of the Information and Communications Network Act prohibits expressing facts or false facts with the purpose of defaming another person. The law has strong punishment regulations to prevent such defamation actions, and regulates the severity of punishment differently depending on whether the information was disseminated or false information was disseminated.

1) In the case of disseminating facts: Even if the information is factual, if it is publicly disseminated with the purpose of damaging another’s reputation, imprisonment of up to 3 years or a fine of up to 30 million won

2) In the case of disseminating false information: imprisonment of up to 7 years, suspension of qualifications for up to 10 years or a fine of up to 50 million won



If false information is disseminated, even if the purpose is for public interest, it can be recognized as defamatory, and whether there is a purpose of defamation is distinguished from simple opinions or factual delivery.

Therefore, consideration must be given to the content and nature of the fact, the target to which the information was disclosed, and the extent of reputational damage that may result from the information (Supreme Court Decision 2006.8.25. Decision 2006do648) and careful review of each case is necessary.

Defamation cases arising through the information and communications network can spread quickly, so companies must quickly prepare legal remedies to protect their brand and reputation.

Law firm Veat provides professional advice to protect the client’s rights in disputes related to the Information and Communications Network Act and contributes to resolving defamation issues through experience in reviewing numerous related cases.

If you require legal advice regarding the Information and Communications Network Act or other defamation issues, please contact Law firm Veat.

Thank you.

Law firm Veat