Audio report: written by reporters, read by AI
Late actor Kim Sae-ron, left, and late singer Wheesung [NEWS1]
Since news broke of actor Kim Sae-ron’s death last month, a deluge of defamatory comments flooded online forums, criticizing her past financial struggles and alleged romantic relationship with actor Kim Soo-hyun.
A similar surge of negative posts followed reports of singer Wheesung’s death this week, with comments calling him an “outdated star” and belittling his struggle with depression.
This rise of internet trolling targeting celebrities after their deaths has reignited an ongoing debate: What constitutes libel against a deceased person? Article 308 of Korea’s Criminal Act stipulates that defaming the deceased is punishable by up to two years of imprisonment or a fine of up to 5 million won ($3,449). However, the law applies only if the defamatory remarks contain “false facts.” Under this criterion, comments calling the singer “ungrateful” or saying “Glad he’s dead. He was just pandering to people’s emotions” are unlikely to be punishable in court because they are somewhat deemed to be subjective expressions rather than facts. The law also requires that a direct relative or descendant of the deceased press charges for the prosecution to proceed, despite being a criminal case. All these factors make it challenging to pursue a defamation case on behalf of a deceased person. Over the years 2022 and 2023, a total of 82 cases were filed under defamation of the deceased, but only seven resulted in formal charges from the prosecution.
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Critical of the lack in defamation rights for the deceased, the National Assembly Research Service published a report on March 7 highlighting the limitations on punishing defamation in these cases. For those who are alive, Korea has a relatively punitive legal framework for defamation, where the defamer can face repercussions if the publicly revealed information harms a person’s reputation, even if it is true. This legal interpretation has been subject to international scrutiny, mainly criticized as stifling free speech, but Korea has stood by it. A growing social narrative in the country now argues that similar, harsher standards should be applied to those who defame the deceased, given the increasing severity and prevalence of malicious comments targeting the dead, particularly deceased celebrities and the victims of major disasters.
Last summer saw multiple cases insulting or ridiculing victims of a car crash near City Hall that claimed nine lives. A handwritten note found at the accident site called the victims “tomato juice.” Another vilified two deceased bank employees.
A person commemorates the victims of the 2022 Itaewon crowd crush at a joint memorial altar set up in Jung District, central Seoul, on May 2, 2024. [NEWS1]
In France and Germany, defamation of the dead is judged not on whether the claim is true or false, but on whether it disparages the memory of the deceased or obstructs their commemoration. Article 34 of France’s Law on the Freedom of the Press states that charges can be brought for defamation or insult against the dead if the offender “intended to attack the honor or the consideration of their descendants, spouses, or legal heirs.” Section 189 of the German Criminal Code states that “whosoever defames the memory of a deceased person shall be liable to imprisonment not exceeding two years or a fine.” “As we enter an age where expressions of hatred bombard the internet, we must have conversations about the legislative provision on the defamation of the dead,” said lawyer Chae Woo-ri of law firm Saerok. “Indeed, it is possible to claim civil damages from a defamer, but considering the litigation costs and the suffering of the bereaved family, compensatory damages of around 1 million won are not enough.” Some, however, argue that amendments to the law should be approached with caution. “Establishing new provisions to the article related to the defamation of a dead person is a complex issue because it can hinder free speech,” Professor Lee Sang-hyun of Soongsil University’s Department of Global Law said. “It could also be misused for political purposes, hindering the historical assessment and legitimate criticism of the deceased.” Attorney Chae Da-eun, with over 10 years of experience in handling criminal cases, has dealt with numerous cases involving internet trolls. However, she noted, “Not a single one genuinely displayed remorse for their actions, even after facing a sentence.” Just as, if not more, imperative than legal changes is a more mature social mindset that understands the power and gravity of words, even when indirectly made through an anonymous note or post, said Chae. “Instead of relying solely on criminal punishment, a more effective approach would be to focus on social guidance, particularly through moral education.”
If you or someone you know is feeling emotionally distressed or struggling with thoughts of suicide, LifeLine Korea can be contacted at 1588-9191 or the Crisis Counseling Center at 1577-0199. The Seoul Global Center offers English-language counseling, contact 02-2075-4180 (+1) to arrange a session. Other international helplines can be found at www.befrienders.org.
BY OH SO-YEONG, LEE JIAN [[email protected]]
