Supreme Court rules hate comments online cannot be deemed 'freedom of expression'

The Supreme Court of Korea building in Seocho District, southern Seoul, on March 14, 2022. [NEWS1]

The Korean Supreme Court ruled that online comments related to privacy or hate speech cannot be regarded as "freedom of expression."

The top court on Wednesday made it clear that freedom of expression on public matters should be guaranteed as broadly as possible, but that freedom should come in tandem with the protection of an individual's privacy and rights.

The Supreme Court overturned a lower court’s acquittal of a 54-year-old man who was accused of writing slanderous comments about a female celebrity on a website in 2015.

The initial trial found the man guilty and handed down a fine of one million won ($789), after his comments were deemed to be insulting and had the ability to compromise the celebrity’s social reputation.

However, after appealing the verdict, the man was found not guilty, as the court judged that the same standards for hate speech crimes could not be applied to persons receiving public attention, such as celebrities.

The Supreme Court on Wednesday overturned that judgment. In particular, it said the man's comment referring to the female celebrity as the “national call girl,” had characteristics of hate speech.

“The call girl comment sexually objectified the victim and implied the victim in question engages in sex work," said the Supreme Court in its verdict.

“It can be evaluated that it was a contemptuous expression that can lower the social evaluation of the celebrity, and it is difficult to see the comment as a justifiable act. It is out of the scope of legitimate criticisms one can make about a public figure,” the Supreme Court further explained.

BY LIM JEONG-WON [lim.jeongwon@joongang.co.kr]