Supreme Court Rules Comment About Musician Not Defamatory

South Korea's Supreme Court has ruled that a comment calling musician Shin Dae-chul a "thug" does not constitute defamation, overturning a lower court's decision. The case involved a man in his 50s who faced charges for posting the comment on an article about Shin, the leader and guitarist of the rock band Sinawe, publicly endorsing Lee Jae-myung during the 2022 presidential election.

The original ruling by the lower courts had found the man guilty, imposing a fine of 500,000 won. The courts had defined "thug" as a derogatory term for a beggar or someone with vulgar and bad behavior, deeming it an expression that could lower social standing. The defendant had argued that "thug" was not an inherently insulting term, but this defense was rejected by the appellate court.

“

There is a need for caution in applying the standards of defamation to such expressions.

However, the Supreme Court took a different stance, considering the nature of online comment sections as political public forums. The court suggested that the comment was closer to an "unrefined expression" of the commenter's negative or critical feelings towards Shin's public declaration of support for a presidential candidate and the subsequent media coverage.

"There is a need for caution in applying the standards of defamation to such expressions," the Supreme Court stated. The ruling highlighted that applying criminal punishment to comments that merely express temporary emotions, unless they are based on discrimination or hatred related to gender, race, ethnicity, disability, place of birth, or sexual orientation, requires careful consideration. The case has been sent back to the Jeju District Court for a final decision.

“

This case comment appears closer to an unrefined expression of negative or critical opinions or emotions regarding Shin's stance on the presidential candidate and its media coverage.