• Alexstarfire@lemmy.world
    link
    fedilink
    English
    arrow-up
    48
    arrow-down
    1
    ·
    12 days ago

    I can’t speak to Korean law, but this seems like a real stupid take. Actors are different from their characters. You can’t damage a character because they aren’t real.

    • FaceDeer@fedia.io
      link
      fedilink
      arrow-up
      22
      ·
      12 days ago

      In a lot of places you can be sued for defaming a company brand, though. This seems similar to that.

    • pathos@lemmy.world
      link
      fedilink
      English
      arrow-up
      5
      ·
      12 days ago

      This is in line with korean anti-harassment laws. Seems draconian to us but is entirely consistent with what koreans have been living with for over a decade now.

  • logicbomb@lemmy.world
    link
    fedilink
    English
    arrow-up
    16
    ·
    12 days ago

    In July 2024, the defendant targeted Plave in a series of posts - some containing profanity. Among them were comments that the people behind the avatars “could be ugly in real life” and gave off a “typical Korean man vibe”, Korea Times reported.

    Unless the guy said much worse things that weren’t reported, it seems like South Korean defamation laws are draconian.

  • I Cast Fist@programming.dev
    link
    fedilink
    English
    arrow-up
    2
    ·
    10 days ago

    Among them were comments that the people behind the avatars “could be ugly in real life” and gave off a “typical Korean man vibe”, Korea Times reported.

    I wish they’d reprint some of the actually “harmful” comments, because that kind of thing is just shitty online discourse. These examples are also pretty obviously targeted at the anons behind the group, not the avatars, but, again, it’s no different from saying “I bet the person behind I Cast Fist is a fat and ugly man” - that’s not defamation

    But the court rejected the argument, saying that if an avatar was widely recognised to represent someone real, then attacks on the avatar also extended to the real person.

    No, it does not. That’s a terrible precedent to make. A character is not the person behind it, a character can live on without the original person behind it and can be interpreted by a different person.

  • TheFogan@programming.dev
    link
    fedilink
    English
    arrow-up
    1
    arrow-down
    1
    ·
    12 days ago

    anyone know what the claim is to even count as defamation?. That to me seems like what should be the crux.

    IE if the claim was “X’s voice clearly shows he’s dying of cancer.” I could see that as defamation. On the other hand “X is summoning demons” that clearly would be fan-fiction.

    • JcbAzPx@lemmy.world
      link
      fedilink
      English
      arrow-up
      1
      ·
      11 days ago

      I’m not sure about Korean laws specifically, but they’re usually has to be actual damage to win a defamation case. If accusations of summoning demons caused them to lose business, it would count.