Defamation attorney, can I be punished for defamation even if the statement is not false?

Hello. I am a defamation attorney at Daeryun Law LLC.

First of all, the offense of defamation does not necessarily require a false statement.

Under the Criminal Act, the offense of defamation can be established even where a person discloses a fact "for the purpose of defaming another" and thereby lowers that other person's social reputation.

In other words, even if you wrote about a fact that actually occurred, if it was publicly disclosed and damaged another person's reputation, it can be subject to punishment.

In particular, where cyber defamation takes place in a public space such as internet posts, comments, or social media, it can be punished by imprisonment for not more than three years or a fine of not more than 30 million won.

Therefore, when writing a comment, it is important to review matters such as the purpose of writing, whether it is true, and whether it serves the public interest, and to sort out legally whether it was a mere expression of emotion or whether there was a purpose of defaming the other person.

If a report of defamation has been made, it may be possible to avoid punishment or reduce the sentence through prior conciliation or settlement.

If necessary, at the investigation stage you can respond together with a defamation attorney to minimize unnecessary investigation or misunderstanding and organize your position.

For details, it is advisable to check through a consultation with a defamation attorney.