Cyber Defamation Law
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Cyber Defamation Law
The cyber defamation law (사이버 모욕죄) is a legislation in South Korea which refers to libel or slander that is expressed online, typically via a publicly accessible website. Cyber defamation often falls under the scope of existing libel and slander laws in most jurisdictions and is typically treated as a tort as opposed to a crime. Overview The cyber defamation law that the South Korean government pursues allows police to crack down on hateful comments without any reports from victims. The Korea Communications Commission (KCC), South Korea's telecommunications and broadcasting regulator, has been considering revising the current Telecommunications Law and put more regulations and deeper scrutiny on major Internet portals. Controversies There have been talks about introducing the stricter laws in cyberspace. A famous celebrity's suicide in South Korea, triggered the controversies once again as to whether such law is necessary. The law supported by the governing Grand ...
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South Korea
South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korea, Korean Peninsula and sharing a Korean Demilitarized Zone, land border with North Korea. Its western border is formed by the Yellow Sea, while its eastern border is defined by the Sea of Japan. South Korea claims to be the sole legitimate government of the entire peninsula and List of islands of South Korea, adjacent islands. It has a Demographics of South Korea, population of 51.75 million, of which roughly half live in the Seoul Capital Area, the List of metropolitan areas by population, fourth most populous metropolitan area in the world. Other major cities include Incheon, Busan, and Daegu. The Korean Peninsula was inhabited as early as the Lower Paleolithic period. Its Gojoseon, first kingdom was noted in Chinese records in the early 7th century BCE. Following the unification of the Three Kingdoms of Korea into Unified Silla, Silla and Balhae in the ...
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Jung Da Bin
Jeong Da-bin (March 4, 1980 – February 10, 2007) was a South Korean actress. Best known for the popular television series ''Cats on the Roof'', she died through suicide in 2007 at the age of 26. Career Born Jeong Hye-seon in Seongnam, Gyeonggi Province, she studied Theater and Film at Dongguk University. Using the stage name Jeong Da-bin, she made her acting debut in 2000 in ''The Legend of Gingko''. This was followed by minor and supporting roles in television dramas, and as part of the ensemble cast in the sitcom '' Nonstop''. In 2003, Jeong's acting breakthrough would come in ''Cats on the Roof''. Depicting a boy and a girl platonically living together then falling in love (with cohabitation at the time a taboo topic in the South Korean mainstream), the series was a success, especially popular among teenagers and those in their early to mid 20s. Jeong became known for her cheerful and positive image, and in 2004 having starred in her first film, the romantic comedy ''He Wa ...
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Defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ...
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Computer Law
Information technology law (also called cyberlaw) concerns the law of information technology, including computing and the internet. It is related to legal informatics, and governs the digital dissemination of both (digitized) information and software, information security and electronic commerce aspects and it has been described as "paper laws" for a "paperless environment". It raises specific issues of intellectual property in computing and online, contract law, privacy, freedom of expression, and jurisdiction. History The regulation of information technology, through computing and the internet evolved out of the development of the first publicly funded networks, such as ARPANET and NSFNET in the United States or JANET in the United Kingdom. Areas of law IT law does not constitute a separate area of law rather it encompasses aspects of contract, intellectual property, privacy and data protection laws. Intellectual property is an important component of IT law, including ...
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Strategic Lawsuit Against Public Participation
Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. In a typical SLAPP, the plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons the criticism. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization's ability to operate. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. SLAPPs bring about freedom of speech concerns due to their chilling effect and are often difficult to filter out and pe ...
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Political Libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) History ...
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Internet Censorship In South Korea
Internet censorship in South Korea is prevalent, and contains some unique elements such as the blocking of pro-North Korea websites, and to a lesser extent, Japanese websites, which led to it being categorized as "pervasive" in the conflict/security area by OpenNet Initiative. South Korea is also one of the few developed countries where pornography is largely illegal, with the exception of social media websites which are a common source of legal pornography in the country. Any and all material deemed "harmful" or subversive by the state is censored. The country also has a " cyber defamation law", which allow the police to crack down on comments deemed "hateful" without any reports from victims, with citizens being sentenced for such offenses. From 1995 to 2002, the government of South Korea passed the Telecommunications Business Act (TBA), the first internet censorship law in the world. Passing of the act lead to the establishment of the Internet Communications Ethics Committee ( ...
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Cyberbullying Legislation
Cyberbullying or cyberharassment is a form of bullying or harassment using electronic means. Cyberbullying and cyberharassment are also known as online bullying. It has become increasingly common, especially among teenagers, as the digital sphere has expanded and technology has advanced. Cyberbullying is when someone, typically a teenager, bullies or harasses others on the internet and other digital spaces, particularly on social media sites. Harmful bullying behavior can include posting rumors, threats, sexual remarks, a victims' personal information, or pejorative labels (i.e. hate speech). Bullying or harassment can be identified by repeated behavior and an intent to harm. Victims of cyberbullying may experience lower self-esteem, increased suicidal ideation, and various negative emotional responses, including being anxious, frustrated, angry, or depressed. Cyberbullying is in many cases an extension of already existing traditional bullying. Students who are bullied via t ...
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Goo Hara
Goo Hara (; January 3, 1991 – November 24, 2019), also known mononymously as Hara, was a South Korean pop singer and actress. She was a member of the girl group Kara, and had also appeared in television dramas including ''City Hunter'' (2011). She made her debut as a soloist in July 2015 with the release of her EP ''Alohara (Can You Feel It?)''. After Kara disbanded in 2016, she continued her solo career at another agency, KeyEast. Her solo career was interrupted in 2018 after she became embroiled in a legal case with her ex-boyfriend, Choi Jong-Bum, which was initiated when he assaulted Goo and threatened to release their sex video to harm her career. In June 2019, she continued her solo activities in Japan where she was well received by fans. Her last release was a maxi single "Midnight Queen", released on September 19, 2019. Goo's death, ruled as a possible suicide on November 24, 2019, brought worldwide attention to sexual crimes against women in South Korea, one of whi ...
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Sulli
Choi Jin-ri (March 29, 1994 – October 13 or 14, 2019), better known by her stage name Sulli (), was a South Korean actress and singer. She first made her debut as a child actress, appearing as a supporting cast member on the SBS historical drama ''Ballad of Seodong'' (2005). Following this, she earned a number of guest roles, appearing in the television series ''Love Needs a Miracle'' (2005) and ''Drama City'' (2007), and the film ''Vacation'' (2006). She then subsequently appeared in the independent films ''Punch Lady'' (2007) and '' BA:BO'' (2008), the former being her first time cast in a substantial dramatic role. After signing a record deal with SM Entertainment, Sulli rose to prominence as a member of the girl group f(x) formed in 2009. The group achieved both critical and commercial success, with four Korean number-one singles and international recognition after becoming the first K-pop act to perform at SXSW. Concurrently with her music career, Sulli returned to acti ...
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Choi Jin-sil
Choi Jin-Sil (December 24, 1968 – October 2, 2008) was a South Korean actress. She was considered one of the best actresses in South Korea, nicknamed "The Nation's Actress". She played leading roles in 18 films and 20 television dramas, appeared in 140 commercials and won the 33rd Grand Bell Award for Best Actress. She committed suicide by hanging on October 2, 2008, at her home in Seoul. Early years Choi was born as the first child to her parents Choi Guk-Hyeon and Jeong Ok-Suk on December 24, 1968, in Seoul. Her mother separated from her father in 1985 and divorced him in 1998. She had a younger brother, Choi Jin-young, who was an actor and singer. Her family was so poor that her mother once managed the household by running a pojangmacha (a small street stall selling foods). She dreamed of becoming a star to escape from the poverty.
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