Legal Q&A
Q
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I am a YouTuber with 100,000 subscribers. Recently, as my YouTube channel has grown in popularity, various people have been watching my videos and leaving comments. At the same time, the number of people posting outrageous malicious comments, such as personal attacks, insults about my family, and false rumors, is increasing. I would like to file a complaint over the YouTube comments, so please tell me the methods, such as how to collect evidence. I would be grateful if a Cheonan attorney could reply.
Complaint over YouTube comments
Answer
Published:
Author : Byung Joon KOH
Hello. This is a Cheonan attorney.
I am very sorry that you are suffering because of the malicious comments posted on YouTube.
A complaint over YouTube comments is mainly pursued as the offense of insult under the Criminal Act or the offense of cyber defamation.
The elements of the offense of insult are met when a person degrades another's social reputation through abstract criticism or contemptuous expressions without stating any fact, and its requirements are publicness (where the act is committed before an unspecified number of people) and specificity (the target must be clearly identifiable).
The offense of cyber defamation is established when the content of the comment states a specific false or true fact, and if it is disseminated through an information and communications network, it may be punishable by imprisonment for not more than 3 years or a fine of not more than 30 million won (for a true statement), or imprisonment for not more than 7 years or a fine of not more than 50 million won (for a false statement).
To pursue a complaint over YouTube comments, you should prepare items such as screen captures of the relevant comments, the URL, the posting date, and your identification, and then submit a complaint to the police station.
Even if the identity of the malicious commenter is not known, the investigative agency can trace it through means such as the IP address, so you do not need to worry.
We are helping to collect malicious YouTube comments in cooperation with the digital forensics group within Daeryun Law LLC.
If a procedure such as the one above is cumbersome, we recommend responding with the help of a Cheonan attorney.

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