Insult & Defamation Laws — Korea Punishes, Japan Rarely Does

Is insulting someone online a crime? The answer differs completely in Korea, Japan, and the US.

Korea: World's Strongest Insult/Defamation System

Insult Crime (Criminal Code Art. 311)

"Publicly insulting a person" = up to 1 year imprisonment or ₩2M fine.

Defamation (Art. 307)

Korea's most unique point: "Truth can still be defamation."

• Art. 307-1: Publicly stating facts that damage reputation → 2 years imprisonment

• Art. 307-2: Publicly stating false facts → 5 years imprisonment

• Cyber defamation (Information Network Act Art. 70): up to 7 years for false statements online

Online penalties are heavier than offline.

Japan: Insult Law Existed But Was Weak

Before 2022 reform: insult penalties were detention (<30 days) or petty fine (<¥10,000) — effectively unpunished.

2022 Reform (triggered by pro-wrestler Kimura Hana's suicide from cyberbullying, 2020): Up to 1 year imprisonment or ¥300,000 fine.

Japan has a truth defense: if the statement is (1) a matter of public interest, (2) made for public benefit, and (3) true → not defamation. Korea has no such defense.

USA: No Insult Crime

No criminal insult law. Defamation is civil only. For public figures: must prove "actual malice" (NY Times v. Sullivan, 1964) — knowing it's false and publishing anyway. Extremely high bar.

Core Debate: "Truth as Defamation" — Is It Right?

Critics (UN, international human rights groups): Chills press freedom, punishes truthful reporting

Supporters (Korean legal community): Protects privacy (even true information can destroy lives), necessary to combat severe cyberbullying (Korean celebrity suicides: Sulli 2019, Goo Hara 2019)