Case on “Crime of Online Defamation” Prosecutable without Criminal Complaint by Victim [2018Hun-Ba113, April 29, 2021] In this case, the Court held that the part concerning Section (2) in Article 70, Section (3) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. does not upset the balance in the criminal punishment system, and thus, does not violate the principle of equality. The relevant part provides that the crime of defamation by disclosing a false fact to the public through an information and communications network is an offense prosecutable without a criminal complaint by the victim. Background of the Case Complainant was charged with “defamation of another person by disclosing a false fact to the public through an information and communications network to disparage the reputation of such person (crime of defamation under Article 70, Section (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.)” and was fined by the court. During the trial, Complainant petitioned the court to request constitutional review of Article 70, Section (3) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. This section provides that the crime of defamation under Article 70, Section (2) of this Act 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. Following rejection of the petition, Complainant filed a constitutional complaint, asserting the unconstitutionality of Article 70, Section (3) of the above Act. - 41 -