The advent of the internet has helped the world in various ways and will probably continue to do so. The anonymity of being online allows people to seek advice on difficult matters, criticize governments, and give them the ability to speak about controversial subjects without backlash.

However, with the good also comes the bad. Being able to speak without consequences has introduced many new problems like cyberbullying and online harassment. There are many types of cyberbullying, and The SeoulTech would like to introduce some of them.

 

The Rise of Online Communities

An online community refers to a group of people with common interests who interact online. These communities allow users to ask questions and share their passion for subjects with people they would not be able to meet in person.

However, the nature of online communities has changed throughout the years. Once a haven for people sharing hobbies, these communities have become a place where people gossip about others and their misfortunes. People will bash certain groups or individuals for doing something slightly controversial. These actions can, and have, caused financial and mental damage to the victims—sometimes leading them to extreme choices like suicide. The victims range from ordinary high schoolers to celebrities like actress Sulli from the girl group f(x).

It can be difficult for people to recognize the impact of their online behavior. Many do not feel sorry about their actions because they fail to see how a single comment could affect the victim. They distance themselves from responsibility, convincing themselves that they are not to blame.

 

Can Online Communities Be Punished Under Korean Law?

Writing comments and statements in online communities can be punished under Korea’s insult laws as well as its defamation laws. Damaging someone’s social reputation can be prosecuted under Article 311 of the Korean Criminal Code, resulting in imprisonment for up to one year, detention, or a fine of up to ₩2 million. Additionally, spreading false information or revealing damaging facts about someone can lead to punishment under the Information and Communications Network Act. For truthful statements that harm a person’s reputation, the penalty is up to three years in prison or a fine of up to ₩30 million. For false statements, the punishment can be up to seven years in prison or a fine of up to ₩50 million.

However, according to lawmaker Byungdo Han, between 2017 and 2021, out of the 75,302 reported, only 69.3% resulted in apprehension. Of these, just 0.06% (43 people) were detained.

 

What Is a “Cyber Wrecker?”

A cyber wrecker is a commonly used term for influencers, often YouTubers, who post content on controversial or attention-grabbing issues. The word “wrecker” refers to tow trucks known for their swift response to car accidents. Like tow trucks, cyber wreckers react instantly to scandals and controversies, feeding off misfortunes to attract viewers.

The motivation behind cyber wreckers is simple: money. The more views their videos get, the more revenue they earn. To maximize engagement on YouTube, they utilize clickbait titles and thumbnails, drawing in viewers with misleading content. This not only deceives their audience but also spreads misinformation to casual browsers.

 

Why Do People Watch Cyber Wreckers?

People know that cyber wreckers are harmful and that watching their content only contributes to a toxic online environment. However, viewers often seem unable to stop. One reason for this is the natural desire for information. Watching cyber wreckers is an easy way to stay updated on current events. While the content may be biased, filled with rumors and misinformation, cyber wreckers help close the information gap.

Why Is It Hard to Prosecute Cyber Wreckers?

Cyber wreckers usually use YouTube to post their videos. As YouTube is owned by Google, an American company, it can be difficult for victims in Korea to accurately identify who these cyber wreckers are. Without knowing the identity of the person to take legal action against, it is extremely difficult for victims to seek justice.

Google only provides information about a channel owner when there is a court ruling from a U.S. court. Recently, a popular cyber wrecker was uncovered through this process. However, for the average Korean citizen, suing through the U.S. legal system is a complex task, with most being unable to seek justice against cyber wreckers.

 

Can Cyber Wreckers Be Punished Under Korean Law?

As with online communities, cyber wreckers can be punished through defamation laws. However, in the rare cases where this happens, they are usually only sentenced to a fine. Although the fine can be up to ₩50 million, many cyber wreckers make a considerable amount of money, so such a fine is not much of a deterrent in stopping them from being active.

On February 19, consequently, 11 lawmakers proposed a law to increase the fine to ₩100 million for truthful statements and ₩1 billion for false statements. To prevent further crimes, the lawmakers also proposed confiscating money and other profits acquired in connection with the violation if the accused is found guilty.

 

How Do Other Countries Combat This Problem?

Germany’s Network Enforcement Act (NetzDG) requires social media platforms with over 2 million users to remove “clearly illegal” content, including hate speech, within 24 hours and all illegal content within seven days, or face fines up to €50 million.

The European Union also enforces the Digital Services Act (DSA), which requires online platforms to remove illegal content and provide mechanisms for users to report such content.

Outside of the EU, Australia has similar laws. The Online Safety Act, enacted in 2021, empowers the eSafety Commissioner to issue takedown notices for harmful online content, including cyberbullying and hate speech.

 

Conclusion

Laws always struggle to keep up with the rapid pace of the internet, so it’s our responsibility to take care of the online environment. We should be careful with our online language and stop consuming cyber wrecker content. By controlling our behavior one person at a time, we can make the internet a better place.

 

Reporter

Jinpyo Hong

undohere@seoultech.ac.kr

Reporter 홍진표

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• e-mail : undohere@seoultech.ac.kr