There is no denying that the development of the internet has made many things more convenient, but this progress has also created a range of problems. In particular, the 'anonymity' of online spaces has become a major issue. More and more people are exploiting it to attack or criticize others. Celebrities, athletes, influencers, and other public figures are the most common victims, but recently the number of ordinary people being harmed has been rising as well. In many cases, the harm is caused by the spread of false information.
What is the crime of spreading false information?
Spreading false information means, quite literally, circulating untrue claims. It is closely tied to defamation, and conduct such as defamation, fraud, false disclosure, trademark infringement, and election-law violations can all fall under it.
Depending on the outcome, spreading false information may be charged as a different offense. By far the most common are defamation under Article 307 of the Korean Criminal Act, and online defamation under Article 70 of the Act on Promotion of Information and Communications Network Utilization and Information Protection (정보통신망 이용 촉진 및 정보보호 등에 관한 법률). This is further divided into defamation by a true statement and defamation by a false statement; whether or not the stated fact is true, if it damages the other person's reputation, criminal liability can follow. Because the crime of spreading false information falls under defamation by a false statement, the punishment is by no means light.
Beyond this, if false information is spread in order to obtain financial gain, fraud may apply; if a company uses false information to inflict damage, false disclosure may apply; if a similar trademark is passed off as another party's product, trademark infringement may apply; and if false statements are made in order to win an election, an election-law violation may apply.
Requirements for defamation by a false statement
When false information is spread, it can damage another person's reputation. For the offense to be established, the false fact must be stated in specific terms, there must be publicity such that an unspecified or large number of people can perceive it, and the victim must be identifiable.
Punishment for spreading false information
A person who spreads false information may be punished, under Article 307 of the Korean Criminal Act (defamation), by imprisonment of up to 5 years, suspension of qualifications for up to 10 years, or a criminal fine of up to KRW 10 million, and under Article 70 of the Information and Communications Network Act (penalties), by imprisonment of up to 7 years, suspension of qualifications for up to 10 years, or a criminal fine of up to KRW 50 million.
Charges of spreading false information: why you need a lawyer
However, the crime of spreading false information is an offense not prosecutable against the victim's will (반의사불벌죄), so if the victim does not want the offender to be punished, no punishment may be imposed. For this reason, if you are facing charges of spreading false information, it is important to consult a relevant attorney and handle the early response and settlement well.
