Girls’ Generation’s Taeyeon to Take L

[Newsie]

Girls’ Generation‘s Taeyeon has had it with the haters. On July 19, Taeyeon announced on Instagram that she will finally be taking legal action against malicious commenters in order to protect herself, her family, fans, and others around her. She writes, “For a while now, there have been many instances where my family, acquaintances around […]

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[ttforever]

yiiisss~

[Guest Ming Banger]

Good for her. Since she announced it, the process is probably finishing up and charges will be brought against netizens very soon. I see one particular fandom getting karmic payback.

[Teleri Nyfain]

Excellent!!!

[Sarang21]

good that she is doing that some people need to learn a lesson

[BomiLUV]

Good for her, but I'm guessing there's no freedom of speech in Korea?

[Yaemi]

 

Good for her, but I'm guessing there's no freedom of speech in Korea?

 

I have little to no knowledge on law but I just assumed Korean celebrities sued on the grounds of defamation.

[Yaemi]

Seriously, good on her. 

[Kyanu9]

Defamation law and free speech
What it is

The basic idea of defamation law is simple. It is an attempt to balance the private right to protect one's reputation with the public right to freedom of speech. Defamation law allows people to sue those who say or publish false and malicious comments.

There are two types of defamation.

* Oral defamation -- called slander -- for example comments or stories told at a meeting or party.

* Published defamation -- called libel -- for example a newspaper article or television broadcast. Pictures as well as words can be libellous.

Anything that injures a person's reputation can be defamatory. If a comment brings a person into contempt, disrepute or ridicule, it is likely to be defamatory.

* You tell your friends that the boss is unfair. That's slander of the boss.

* You write a letter to the newspaper saying a politician is corrupt. That's libel of the politician, even if it's not published.

* You say on television that a building was badly designed. That's libel due to the imputation that the architect is professionally incompetent, even if you didn't mention any names.

* You sell a book that contains defamatory material. That's spreading of a defamation.

The fact is, nearly everyone makes defamatory statements almost every day. Only very rarely does someone use the law of defamation against such statements.

Defences

When threatened with a defamation suit, most people focus on whether or not something is defamatory. But there is another, more useful way to look at it. The important question is whether you have a right to say it. If you do, you have a legal defence.

If someone sues you because you made a defamatory statement, you can defend your speech or writing on various grounds. There are three main types of defense:

* what you said was true;

* you had a duty to provide information;

* you were expressing an opinion.

For example:

* You can defend yourself on the grounds that what you said is true.

* If you have a duty to make a statement, you may be protected under the defence of "qualified privilege." For example, if you are a teacher and make a comment about a student to the student's parents -- for example, that the student has been naughty -- a defamation action can only succeed if they can prove you were malicious. You are not protected if you comment about the student in the media.

* If you are expressing an opinion, for example on a film or restaurant, then you may be protected by the defence of "comment" or "fair comment," if the facts in your statement were reasonably accurate.

* There is an extra defence if you are a parliamentarian and speak under parliamentary privilege, in which case your speech is protected by "absolute privilege," which is a complete defence in law. The same defence applies to anything you say in court.

The same basic defences apply throughout Australia, although the things you have to prove to apply them may differ. For example, in some Australian states, truth alone is an adequate defene. In other states, a statement has to be true and in the public interest -- if what you said was true but not considered by the court to be in the public interest, you can be successfully sued for defamation.
What can happen

* You can be threatened with a defamation suit. You might receive a letter saying that unless you retract a statement, you will be sued. There are numerous threats of defamation. Most of them are just bluffs; nothing happens. Even so, often a threat is enough to deter someone from speaking out, or enough to make them publish a retraction.

* Proceedings for defamation may be commenced against you. This is the first step in beginning a defamation action. Statements of claim, writs or summons shouldn't be ignored. If you receive one, you should seek legal advice.

* The defamation case can go to court, with a hearing before a judge or jury. However, the majority of cases are abandoned or settled. Settlements sometimes include a published apology, sometimes no apology, sometimes a payment, sometimes no payment. Only a small fraction of cases goes to court.

[Kyanu9]

Media power and defamation

One of the best responses to defamatory comments is a careful rebuttal. If people who make defamatory comments are shown to have gotten their facts wrong, they will lose credibility. But this only works if people have roughly the same capacity to broadcast their views.

Only a few people own or manage a newspaper or television station. Therefore it is difficult to rebut prominent defamatory statements made in the mass media. Free speech is not much use in the face of media power. There are cases where people's reputations have been destroyed by media attacks. Defamation law doesn't provide a satisfactory remedy. Apologies are usually too late and too little to restore reputation, and monetary pay-outs do little for reputation.

Most media organisations avoid making retractions. Sometimes they will defend a defamation case and pay out lots of money rather than openly admit being wrong. Media owners have resisted law reforms that would require retractions of equal prominence to defamatory stories.

By contrast, if you are defamed on an electronic discussion group, it is quite easy to write a detailed refutation and send it to all concerned the next hour, day or week. Use of defamation law is ponderous and ineffectual compared to the ability to respond promptly. This suggests that promoting interactive systems of communication as an alternative to the mass media would help to overcome some of the problems associated with defamation.

[yasmine15]

good girl!! well done taeyeon. wish u all the best

[Guest Ming Banger]

Media power and defamation

One of the best responses to defamatory comments is a careful rebuttal. If people who make defamatory comments are shown to have gotten their facts wrong, they will lose credibility. But this only works if people have roughly the same capacity to broadcast their views.

Only a few people own or manage a newspaper or television station. Therefore it is difficult to rebut prominent defamatory statements made in the mass media. Free speech is not much use in the face of media power. There are cases where people's reputations have been destroyed by media attacks. Defamation law doesn't provide a satisfactory remedy. Apologies are usually too late and too little to restore reputation, and monetary pay-outs do little for reputation.

Most media organisations avoid making retractions. Sometimes they will defend a defamation case and pay out lots of money rather than openly admit being wrong. Media owners have resisted law reforms that would require retractions of equal prominence to defamatory stories.

By contrast, if you are defamed on an electronic discussion group, it is quite easy to write a detailed refutation and send it to all concerned the next hour, day or week. Use of defamation law is ponderous and ineffectual compared to the ability to respond promptly. This suggests that promoting interactive systems of communication as an alternative to the mass media would help to overcome some of the problems associated with defamation.

Nice. Hope you get an A+ on your paper. Would you care to explain how this has anything to do with defamation laws in Korea?

[Guest Ming Banger]

Defamation law and free speech
What it is

The basic idea of defamation law is simple. It is an attempt to balance the private right to protect one's reputation with the public right to freedom of speech. Defamation law allows people to sue those who say or publish false and malicious comments.

There are two types of defamation.

* Oral defamation -- called slander -- for example comments or stories told at a meeting or party.

* Published defamation -- called libel -- for example a newspaper article or television broadcast. Pictures as well as words can be libellous.

Anything that injures a person's reputation can be defamatory. If a comment brings a person into contempt, disrepute or ridicule, it is likely to be defamatory.

* You tell your friends that the boss is unfair. That's slander of the boss.

* You write a letter to the newspaper saying a politician is corrupt. That's libel of the politician, even if it's not published.

* You say on television that a building was badly designed. That's libel due to the imputation that the architect is professionally incompetent, even if you didn't mention any names.

* You sell a book that contains defamatory material. That's spreading of a defamation.

The fact is, nearly everyone makes defamatory statements almost every day. Only very rarely does someone use the law of defamation against such statements.

Defences

When threatened with a defamation suit, most people focus on whether or not something is defamatory. But there is another, more useful way to look at it. The important question is whether you have a right to say it. If you do, you have a legal defence.

If someone sues you because you made a defamatory statement, you can defend your speech or writing on various grounds. There are three main types of defense:

* what you said was true;

* you had a duty to provide information;

* you were expressing an opinion.

For example:

* You can defend yourself on the grounds that what you said is true.

* If you have a duty to make a statement, you may be protected under the defence of "qualified privilege." For example, if you are a teacher and make a comment about a student to the student's parents -- for example, that the student has been naughty -- a defamation action can only succeed if they can prove you were malicious. You are not protected if you comment about the student in the media.

* If you are expressing an opinion, for example on a film or restaurant, then you may be protected by the defence of "comment" or "fair comment," if the facts in your statement were reasonably accurate.

* There is an extra defence if you are a parliamentarian and speak under parliamentary privilege, in which case your speech is protected by "absolute privilege," which is a complete defence in law. The same defence applies to anything you say in court.

The same basic defences apply throughout Australia, although the things you have to prove to apply them may differ. For example, in some Australian states, truth alone is an adequate defene. In other states, a statement has to be true and in the public interest -- if what you said was true but not considered by the court to be in the public interest, you can be successfully sued for defamation.
What can happen

* You can be threatened with a defamation suit. You might receive a letter saying that unless you retract a statement, you will be sued. There are numerous threats of defamation. Most of them are just bluffs; nothing happens. Even so, often a threat is enough to deter someone from speaking out, or enough to make them publish a retraction.

* Proceedings for defamation may be commenced against you. This is the first step in beginning a defamation action. Statements of claim, writs or summons shouldn't be ignored. If you receive one, you should seek legal advice.

* The defamation case can go to court, with a hearing before a judge or jury. However, the majority of cases are abandoned or settled. Settlements sometimes include a published apology, sometimes no apology, sometimes a payment, sometimes no payment. Only a small fraction of cases goes to court.

Once again thank you for the tutorial on western law.

[Guest Ming Banger]

Good for her, but I'm guessing there's no freedom of speech in Korea?

There's a huge difference between freedom of speech and defamation. At least in Korea. Death threats, threatening ones family, saying one makes their living in the porn industry.....yeah that can all be said apparently consequence free in some countries. Not in Korea. If the person who had threatened Rap Monster's life and the person who threatened to detonate a bomb at a Big Bang concert had been Korean they'd be charged with serious crimes. I guess they were just exercising their right to free speech.

[Guest Chanal]

Good for her, but I'm guessing there's no freedom of speech in Korea?

Cyber- bullying and defamation are crimes according to Korean law. There's a big, big difference between criticism and pure hate speech. Just saying.

[Guest Tofu_Cloud]

Good for her, but I'm guessing there's no freedom of speech in Korea?

Child, i think you need to learn terminology and your definitions better. Freedom of speech is fine. Lies, defamation, threats, bullyinh and harassment is not allowed and people are FREE to procecute constant obessive harrasers since they are messed up people anyways.