becoming more common. Since the features of such mediums and networks include openness and interaction, the defamed person himself or herself can actively respond to factual allegations about him or her by means including publishing a rebuttal on the same medium or network. Further, in cases where factual allegations about a person are made through reports by media outlets, etc., the person defamed can respond to them by requesting issuance of a correction or publication of a rebuttal (Articles 14 through 17-2 of the Act on Press Arbitration, Damage Remedies, Etc.). If the consequences of defamation arising from the expressive activity of alleging facts cannot be adequately eliminated by responding with another expressive activity, the defamed person may receive monetary compensation for damage suffered as a result of a tort, by filing a claim for damages under Article 764 of the Civil Act. Additionally, the Civil Act, in Article 764, provides for a special rule that “The court may, upon motion by the defamed, order measures suitable to restore the reputation of the defamed, in lieu of or in addition to damages, against a person who defamed him or her.” By means of this rule, the defamed person may seek measures suitable to restore his or her reputation, including preliminary injunctions. Imposing criminal penalties through the Provision at Issue despite the existence of the above less restrictive remedies available for defamation can create a chilling effect on freedom of expression that is excessive and goes beyond that necessary to protect reputation. For example, if a person writes text or an article to report or criticize public figures or matters, its content may include true facts underlying the report and criticism. However, because the Criminal Act, in Article 312, Section (2), provides that the defamation under the Provision at Issue is an offense prosecutable without a criminal complaint by the victim––as opposed to an offense prosecutable only upon a criminal complaint by the victim––a criminal investigation into a claim involving such defamation may be initiated not only upon a criminal complaint by the - 18 -