Broadcaster Kim Eo-jun fined 20 million won for defamation

Broadcaster Kim Eo-jun has been ordered to pay a 20 million won fine in a first-instance court ruling concerning defamation charges. Kim was accused of spreading false information on his radio show and YouTube channel about Lee Dong-jae, a former reporter for Channel A.

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The defendant recognized the falsity of the statement and had the intent to defame the victim.

The Seoul Northern District Court found Kim guilty of defamation by false information under the Act on Promotion of Information and Communications Network Utilization and Information Protection. Presiding Judge Kang Kyung-mok stated that Kim was aware of the falsity of his statements and acted with the intent to defame the victim, finding all charges against him to be true.

Specifically, Kim was indicted for disseminating false information between April and October 2020. He alleged that Lee Dong-jae had approached Lee Cheol, former CEO of Value Invest Korea, and pressured him to falsely claim he had paid money to former Minister Yoo Si-min. Kim's defense argued that he was merely citing a social media post by former lawmaker Choi Kang-wook and believed the post to be true, characterizing his statements as personal opinions and critical commentary as a journalist.

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The court found that the defendant's statements were not mere opinions but factual assertions.

The court, however, rejected this defense, ruling that Kim's statements constituted factual assertions rather than mere opinion. Judge Kang noted that the context and phrasing of Kim's remarks led the average listener to believe he was directly relaying information about Lee Dong-jae's actions, not offering his own interpretation. The court also determined that Kim possessed at least constructive knowledge of the falsity of his claims, citing the repeated nature of the statements and the lack of supporting evidence in recordings, which led to the conclusion that he intended to defame Lee.

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The defendant repeatedly made statements for a considerable period, including remarks like 'What kind of reporting is this, it's a conspiracy, a criminal conspiracy,' indicating at least constructive knowledge of the falsity and an intent to defame.