Is it possible to file a criminal complaint for online insult?

If someone repeatedly posts expressions that demean or hold another person in contempt online, a criminal complaint for online insult is possible.

Recently, those who do personal Internet broadcasting are often continuously exposed to malicious mockery, contempt, and demeaning expressions, and the resulting mental harm is also considerable.

In particular, as in your case, even if the insults are not direct, where repeated mockery and personal attacks continue, it may be recognized as publicly insulting a person under Article 311 of the Criminal Act.

Accordingly, if a criminal complaint is filed for 'online insult,' the perpetrator may be subject to imprisonment for up to 1 year, imprisonment without labor, or a fine not exceeding 2 million won.

Furthermore, where a post or comment goes beyond a mere insult and damages reputation by revealing a fact or a false fact, stronger criminal punishment is possible under Article 70 of the Act on Promotion of Information and Communications Network Utilization and Information Protection.

- Where reputation is damaged by stating a fact : imprisonment for up to 3 years or a fine not exceeding 30 million won

- Where reputation is damaged by stating a false fact : imprisonment for up to 7 years, suspension of qualifications for up to 10 years, or a fine not exceeding 50 million won

Beyond simply filing a criminal complaint, measures to delete and block the relevant comments or posts are also possible.

This is because, under the Act on Promotion of Information and Communications Network Utilization and Information Protection, an online platform operator must take measures upon the request of a person whose rights are being infringed.

Under Article 44-2(1) of the Network Act, you can request that the platform delete the content or post a rebuttal.

At this time, it is advisable to submit, together, evidentiary materials that substantiate the infringement.

In addition, if you consult with an expert experienced in responding to malicious comments against broadcasters and social media influencers, you can pursue a criminal complaint and information deletion measures together for an effective response.