![[HOAM Foreign Law Column] Online Defamation: Does Korean Law Reach Foreign SNS Activities?](/_next/image?url=https%3A%2F%2Fagqdgbuateknhwpocrgu.supabase.co%2Fstorage%2Fv1%2Fobject%2Fpublic%2Fasset-generation%2Fd5640e14-e5b7-41b3-800e-609cb8329013%2Fagent-generated%2F1784526082515_2.jpg&w=3840&q=75)
Many foreign residents mistakenly assume that their social media activities on foreign platforms like Instagram, Facebook, or Reddit are beyond the reach of Korean law. However, if your post targets someone in Korea or causes damage within the country, you can be prosecuted for Cyber Defamation.
1. The Informational and Communications Network Act
In Korea, defamation is not just a civil matter; it is a serious criminal offense. Under the Act on Promotion of Information and Communications Network Utilization and Information Protection, if you post 'false facts' or even 'true facts' with the intent to defame someone, you can face imprisonment or heavy fines.
2. Does it Apply to Foreign Platforms?
Yes. The principle of Extraterritoriality applies. Even if the server is in the US (like Facebook) and you posted the content while overseas, if the victim is in Korea and the content is accessible by people in Korea, the Korean police have jurisdiction. This is a common pitfall for expats who vent their frustrations about their workplace or landlord online.
3. Key Elements of the Crime
- Publicity (Gong-yeon-seong): The content must be accessible by multiple people (even a private group chat can sometimes count).
- Target Specification (Teuk-jeong-seong): Even if you don't use a person's real name, if they can be identified by the context (e.g., "The owner of the academy near X station"), it counts as defamation.
- Intent to Defame (Bi-bang-hal Mok-jeok): The court looks at whether the primary goal was to inform the public or to damage someone's reputation.
4. The Impact on Your Visa
Convictions for Cyber Defamation, especially those involving 'false facts,' are viewed as crimes of moral turpitude by Immigration. Fines for defamation are often high (over 3 million KRW), which puts you in the danger zone for a departure order.
5. Why Hoam Law Firm?
The line between 'Freedom of Expression' and 'Criminal Defamation' is very thin in Korea. Hoam Law Firm assists foreigners in navigating digital disputes. We provide guidance on how to post reviews safely and represent those who are being investigated for online comments, working to prove that the post was for the 'Public Interest' to avoid criminal charges.
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