Open Net recently provided legal assistance to an internet user who was sued for a criminal insult by a webtoon artist, helping them receive a “non-indictment” decision from the police. The case arose after the artist, also an influencer, filed insult charges against users who criticized their controversial, misogynistic remarks. The comments in question were mild and free of profanity—examples include statements like “the artist’s views are hateful” or “Naver should not work with such creators.” However, some users are still facing prosecution.
This incident is part of a growing trend in which influencers file insult complaints to silence criticism. In this case, the webtoon artist made highly controversial statements during a livestream, including one suggesting that women would give birth solely to avoid military service if conscription policies were changed.
Open Net argues that influencers, as public figures with significant social influence, must accept public criticism and exercise responsibility in their speech. Yet many exploit insult laws to suppress critical voices and intimidate users into paying settlements, sometimes profiting from it.
Open Net highlights the fundamental problem with the insult law itself, which criminalizes abstract opinions and emotional expressions rather than concrete facts. This overreach infringes on free expression and chills public discourse. The UN Human Rights Committee has also stated that criminal defamation laws should not apply to opinions or emotional expressions.
We, Open Net Korea, ultimately call for the abolition of the criminal insult law, warning that restricting public criticism fosters a culture where influencers act with impunity, leading to increasingly extreme and harmful content. Law enforcement is urged to quickly dismiss cases where influencers appear to be abusing the system to suppress dissent.
April 1, 2025
Open Net Korea
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