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I would like to file a complaint over malicious Instagram comments. What are the requirements for punishment?

I am a person who mainly sells goods through Instagram. As our products became popular by riding the algorithm, various people have been sending inquiries. A competitor, perhaps conscious of this, has been posting malicious comments under private accounts. They are not simply criticizing the products but are cleverly posting malicious comments through things like comparative usage reviews and manipulation of public opinion, which makes me very angry, so how can I file a complaint over malicious Instagram comments? I would appreciate an answer from the Seongnam attorney.

Filing a complaint over malicious Instagram comments

Answer

Published: 2025-04-11

Author : Byung Joon KOH

Hello. This is a Seongnam attorney.

If you wish to proceed with filing a complaint over malicious Instagram comments, you should not gather and prepare the evidence on your own, but rather receive a legal consultation at a nearby law office.

If, like you, a person is suffering harm from malicious comments during business activities conducted through Instagram, those comments may constitute insult or defamation, so a criminal complaint for cyber insult is possible.

In particular, unverified comparative reviews or the dissemination of false facts may constitute defamation under the Network Act (Information and Communications Network Act), and if a defamatory purpose is recognized, a person may be subject to imprisonment of up to seven years or a fine of up to 50 million won.

In addition, even if no facts are stated, if there is ridicule or contemptuous expression, punishment for insult is also possible, and imprisonment of up to one year or a fine of up to 2 million won may be imposed.

For filing a complaint over malicious Instagram comments, it is advisable to organize into a PDF the screenshot materials, the timing of the comments, whether they are repetitive, the other party's ID information, and the like in advance.

If there are circumstances of organized defamation by a competitor, interference with business may also be considered.

If your intention to file a complaint is firm, you may visit a Seongnam attorney promptly on the basis of the relevant evidence and, with the assistance of an expert, submit the written complaint.

Daeryun Law LLC collaborates with its examination-of-evidence and digital forensics group to help you lawfully collect malicious comments on Instagram.

If you need it, we will be glad to provide prompt assistance.