Key Takeaways:

– No Liability for Namu Wiki (나무위키)
  – The Seoul High Court held that Namu Wiki is not liable for defamation damages, even where some content may be inaccurate or exaggerated.
  – The plaintiff (a school foundation) lost both at trial and on appeal; the judgment is now final.

– Case Background
  – The dispute arose from Korean Namu Wiki entries including:
    – School MeToo allegations 
    – Unfair dismissal of teachers 
    – Nepotism in hiring 
    – Legal actions against students and journalists 
  – The foundation claimed the posts were false and malicious, harming its reputation.

– Court’s View on Platform Responsibility
  – Operators of online information platforms have a limited duty of care.
  – Liability arises only where:
    – Illegality is clear and obvious, and 
    – The platform could reasonably detect and act within its control.

– Nature of the Content
  – The court found the posts to be:
    – Partly factual or based on facts, and/or 
    – Expressions of opinion or suspicion
  – Even if some details were inaccurate, there were reasonable grounds to believe them true.

– Public Interest Consideration
  – The content addressed school governance and ethical concerns, qualifying as matters of public interest.
  – This strengthened protection under freedom of expression principles.

– Appellate Court Emphasis
  – The court stressed that:
    – Online discussions often mix facts, opinions, and allegations.
    – Some inaccuracy or exaggeration is inevitable in open debate.
  – Therefore, such content should not be easily deemed unlawful.

– Reputation vs. Individual Harm
  – Even if certain statements could affect individuals (e.g., a former chairman),
    – This does not automatically translate into damage to the institution’s reputation.

– Bottom Line
  – The ruling reinforces a high threshold for defamation liability for online platforms in Korea.
  – It underscores the judiciary’s commitment to protecting robust public discourse, even at the cost of tolerating some inaccuracies.

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=218310