Cyber defamation law
Encyclopedia
Cyber Defamation is a crime conducted in cyberspace, usually through the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...

, with the intention of defaming others. The cyber defamation law that the Korean government
Government of South Korea
The Government of South Korea is divided into executive, judicial, and legislative branches. The executive and judicial branches operate primarily at the national level, although various ministries in the executive branch also carry out local functions. Local governments are semi-autonomous, and...

 tries to make is intended to capture such criminal activities by allowing police to crack down on hateful comments without any reports from the victims. The only country where such cyber defamation law is being implemented is China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...

, and South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...

 is the first democratic country in the process of introducing the law.

South Korea

The Korea Communications Commission
Korea Communications Commission
Korea Communications Commission is a South Korean media regulation agency modeled after the Federal Communications Commission of the United States of America. It was established on February 29, 2008...

 (KCC), South Korea's telecommunications and broadcasting regulator, has been considering revising the current Telecommunications Law and put more regulations and deeper scrutiny on major Internet portals.

Controversies

There have been talks about introducing the stricter laws in cyberspace. A famous celebrity's suicide in South Korea, triggered the controversies once again as to whether such law is necessary. The law supported by the governing Grand National Party
Grand National Party
The Grand National Party is a conservative political party in South Korea. Its Korean name, Hannara, has a double meaning as "Great National" and "Korean National." The GNP holds a majority of seats in the 18th Assembly, lasting from 2008 to 2012....

 (GNP), if implemented, will allow police to investigate the cyber defamation cases without any complaints of the victims. The opposition Democratic Party
Democratic Party (South Korea)
The Democratic Party was a political party of South Korea.Formerly called the Millennium Democratic Party , or Saecheonnyeon Minju-dang , it changed its name to the present form on May 6, 2005.- History :...

 (DP) has been against the introduction of such law.

Advocate views

  • The current laws have failed to prevent the number of the victims from increasing at an escalating rate.
  • Freedom of speech
    Freedom of speech
    Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

     comes with responsibility.
  • Because information and rumors can travel in a matter of seconds in the Internet, cyber-bullying
    Cyber-bullying
    Cyber-bullying is the use of the Internet and related technologies to harm other people, in a deliberate, repeated, and hostile manner. As it has become more common in society, particularly among young people, legislation and awareness campaigns have arisen to combat it.-Definition:The term...

     and cyber defamation could take a significant toll on each victim without such strict regulations by authorities.

Opposing views

  • There are already ways to regulate the cyberspace with the current laws.
  • It is potentially possible for the law to be exploited by authorities in an attempt to crack down on people who express opposite views.
  • Such law might cause a harmful effect on freedom of speech
    Freedom of speech
    Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

    .
  • "Defamation" is too ambiguous to be defined by a third party, other than the victims.

Survey

A Research & Research survey of 800 Korean people conducted on Jan. 14, 2009 showed that 60% supported the GNP
Grand National Party
The Grand National Party is a conservative political party in South Korea. Its Korean name, Hannara, has a double meaning as "Great National" and "Korean National." The GNP holds a majority of seats in the 18th Assembly, lasting from 2008 to 2012....

-led bill dealing with cyber defamation, and 32.1% opposed it.

Celebrities' suicide

Some Korean celebrities have suffered from severe depression, caused in part by malicious online comments, before committing suicide.
  • Lee Eun-ju
    Lee Eun-ju
    Lee Eun-ju was a South Korean actress. She died by suicide at the age of 24.-Life and career:Born in Gunsan, Jeollabuk-do, South Korea, Lee moved to Seoul after graduating high school to study acting. She was first noticed in the mid-1990s as a model for school uniforms, and after a number of...

  • Jung Da Bin
  • U;Nee
    U;Nee
    Heo Yoon , better known by her stage name U;Nee, was a South Korean singer and actress. Before dedicating her career to music, she used the stage name Lee Hye-Ryeon...

  • Choi Jin-sil
    Choi Jin-sil
    Choi Jin-sil was a South Korean actress. She was considered one of the best actresses in South Korea, nicknamed "The Nation's Actress"...


See also

  • Cyber Bullying
  • Cyber stalking
  • Cyber Victimization
  • Insult
    Insult
    An insult is an expression, statement which is considered degrading and offensive. Insults may be intentional or accidental...

  • Suicide of Megan Meier
    Suicide of Megan Meier
    Megan Taylor Meier , was an American teenager from Dardenne Prairie, Missouri, who committed suicide by hanging three weeks before her fourteenth birthday. A year later, Meier's parents prompted an investigation into the matter and her suicide was attributed to cyber-bullying through the social...

  • Dow Jones & Co. Inc. v Gutnick
    Dow Jones & Co. Inc. v Gutnick
    Dow Jones & Co. Inc. v Gutnick was an Internet defamation case heard in the High Court of Australia, decided on 10 December 2002. The 28 October 2000 edition of Barron's Online, published by Dow Jones, contained an article entitled "Unholy Gains" in which several references were made to the...

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