Court Rules Avatars Are Also Subject to Defamation Claims – Second Instance Confirms Compensation for Insults Against Virtual Idol PLAVE

The compensation dispute arising from a netizen’s insults against the virtual idol group PLAVE has been resolved through a second-instance court decision. The Uijeongbu District Court’s Civil Division 5-3 dismissed the appellants’ appeal last month on the 27th, upholding the original judgment. In the first instance, held in May, the court ordered the plaintiff, identified as A, to pay a total of 500,000 won—100,000 won per of the five real members who portray PLAVE. While PLAVE initially sought 32.5 million won in damages, only part of that amount was granted, prompting them to appeal for an additional 32 million won, a request the court rejected. The appellate panel stated, “The appellants’ reasons for appeal differ little from those presented in the first-instance court,” adding that “the facts established and the judgment rendered in the first instance were justified.” The court had previously emphasized in its first-instance ruling that “in the metaverse era, avatars are not merely virtual images but serve as tools for users’ self-expression, identity formation, and social interaction,” and further ruled that “insults directed at avatars can also be considered acts that violate the external reputation of the actual users they represent.” The dispute began in July of last year when A posted multiple messages on social media criticizing the appearance of PLAVE’s members and mocking the real people who portray them. During the trial, A argued that since they were virtual characters rather than real persons and their identities were concealed, no equivalence could be established between the virtual characters and the plaintiffs, but this claim was rejected. PLAVE is a five-member virtual idol group that made its Debut in 2023. Unlike traditional idol groups, it features character designs based on human figures performing live shows. This judgment is regarded as a significant decision that proactively defines the legal status and scope of protection for virtual avatars as the metaverse era advances.