Time to narrow truthful defamation laws

South Korea’s Criminal Law Reform Committee, an advisory body to the justice minister, has recommended limiting criminal liability for truthful-statement defamation to cases involving violations of personal privacy. The proposal would significantly narrow the reach of the law. The committee is also considering making such offenses prosecutable only upon a complaint from the affected party, a step intended to curb the overuse of criminal complaints.

The offense of defamation based on truthful statements has remained part of South Korea’s Criminal Act since its enactment in 1953. For decades, legal scholars and practitioners have argued that the provision places an undue burden on freedom of expression. Critics frequently cite cases in which courts convicted an activist who exposed parents delinquent in child-support payments and workers who staged picket protests criticizing employers over unpaid wages. It was against this backdrop that President Lee Jae-myung directed his administration in November last year to review whether the provision should be abolished.

At the same time, opponents of outright repeal argue that eliminating the law entirely could make it harder to prevent the disclosure of highly sensitive personal information. Some online content creators, for example, have been accused of exposing intimate details about individuals, including medical conditions and sexual preferences, in pursuit of views and publicity. In 2021, the Constitutional Court upheld the provision, warning that its removal could lead to serious infringements on privacy rights and personal freedom. That concern appears to have guided the committee toward tightening the law’s application rather than eliminating it altogether.

South Korea and Japan are among the few countries that continue to criminalize defamation based on truthful statements. By contrast, countries such as Germany and France generally impose criminal penalties only for defamatory falsehoods, while the United States handles most defamation disputes through civil litigation. South Korea also stands out for the sheer number of such cases. Nearly 1,500 truthful-defamation cases were brought to trial in 2024 alone. In that environment, even legitimate criticism grounded in fact can be chilled. The government and the National Assembly should move quickly to turn the committee’s recommendations into legislative reform.