Internet slander postings, do they constitute defamation/obstruction of business? [Legal response methods]

Law firm Veat thoroughly reviewed whether the internet postings written by the opposing party constituted criminal defamation/obstruction of business/defamation under the Information and Communication Network Act against the client company (hereinafter referred to as "the customer").

The customer was being affected by negative postings written by certain users on the internet, impacting the company's reputation and business activities. Accordingly, the customer requested Law firm Veat to review whether the postings were subject to legal punishment.

​Law firm Veat conducted in-depth reviews regarding the following three main legal issues in this case.

1. Whether it constitutes criminal defamation under the Criminal Code

Article 307 of the Criminal Code stipulates criminal defamation based on the assertion of facts and the assertion of false facts. When someone publicly asserts facts and damages another's reputation, they may be sentenced to imprisonment for up to two years, a fine, or a fine of up to 5 million won. When someone publicly asserts false facts and damages another's reputation, they may be sentenced to imprisonment for up to five years, a suspension of qualifications for up to ten years, or a fine of up to 10 million won.

We analyzed the possibility of criminal defamation under the Criminal Code by reviewing whether the postings to the customer were perceivable by a large number of people and whether they were based on facts or written with malicious intent. In particular, we carefully reviewed whether they were simple expressions of opinion or assertions of facts that could damage reputation.

2. Whether it constitutes obstruction of business

According to Article 314 of the Criminal Code, obstruction of business may occur when false facts are asserted or fraud or force is used with the purpose of obstructing legitimate business. A sentence of imprisonment for up to five years or a fine of up to 15 million won may be imposed for violating this article.

Law firm Veat carefully reviewed whether the opposing party's postings were based on false facts and whether they caused specific and substantial interference with the customer's normal business operations. In particular, we assessed whether the elements of ‘fraud’ and ‘force’ were met, and provided suggestions for additional legal response strategies.

3. Whether it constitutes defamation under the Information and Communication Network Act

Article 70 of the Act on Promotion and Protection of Information and Communication Network Utilization (hereinafter referred to as the "Information and Communication Network Act") stipulates that actions that damage another's reputation by using the information and communication network are subject to legal punishment. If someone publicly asserts facts with the purpose of defaming another, they may be sentenced to imprisonment for up to three years or a fine of up to 30 million won. If false facts are asserted and reputation is damaged, they may be sentenced to imprisonment for up to seven years, a suspension of qualifications for up to ten years, or a fine of up to 50 million won. The Information and Communication Network Act stipulates stricter penalties than the Criminal Code, considering the ripple effect of defamation through the information and communication network.

The element of 'malicious intent' is a key requirement for defamation under the Information and Communication Network Act so criminal defense lawyers at Law firm Veat analyzed various aspects to determine whether the poster’s intent was a simple expression of opinion or whether they intended to negatively impact the customer's reputation.

Law firm Veat has effectively protected the interests of various customers based on deep expertise in criminal defamation, obstruction of business, and defamation under the Information and Communication Network Act, and has provided trusted legal advisory services.

In particular, in cases involving the Information and Communication Network Act, we comprehensively judge whether criminal defamation is established and support the customer in preventing actual damage and discovering additional legal risks. We also thoroughly reviewed the strict requirements stipulated by the Information and Communication Network Act and presented the most effective legal response measures from the customer’s perspective. In particular, we provided legal reviews of malicious reviews and content that does not match the facts to protect the customer’s reputation and prevent additional damage.

As such, Law firm Veat resolves complex legal issues arising from the digital environment, such as defamation and obstruction of business for customers, and provides swift and professional legal advice based on accumulated practical experience and accurate legal interpretation.

If a legal problem related to defamation or obstruction of business arises for a company, please consider receiving professional legal advice from criminal defense lawyers at Law firm Veat.

This case study can also be found on the blog of Law firm Veat below.

- How to solve corporate defamation issues in the digital age

Thank you.

Law firm Veat