South Korean Court Recognizes Defamation in Case of Virtual Idol Insults; First Legal Protection for Avatars in Metaverse Era Established

A South Korean court issued its first ruling acknowledging defamation resulting from actions that harmed the reputation of virtual idols. The Goyang Branch of the Uijeongbu District Court ordered Internet commenter A to pay 100,000 won each to five members of the virtual K-pop group Plave in a lawsuit filed by Plave for damages. Last July, A posted multiple posts on social media criticizing the appearance of Plave’s members. Plave filed a lawsuit claiming these actions constituted insults and demanding 6.5 million won in compensation per member. The core issue before the court was the relationship between the avatar and the real person controlling it. A argued that since the characters were fictional and their identities were hidden, no identity could be established between them and the plaintiffs. However, the court rejected this claim. Judge Jang Yu-jin of the Uijeongbu District Court stated that in the metaverse era, avatars are not merely virtual images but serve as tools for users’ self-expression, identity formation, and social interaction. Therefore, insults directed at avatars can be considered acts that violate the external reputation of the actual users. The court also determined that the perpetrator’s statements were not merely opinions but rather derogatory personal attacks. Judge Jang explained that the plaintiffs suffered mental distress due to the defendant’s humiliating remarks, and the defendant was responsible for compensating them for those mental damages. Nevertheless, the court did not approve the full amount claimed by the plaintiffs. It added that, after considering the content of A’s posts, the severity of the language used, circumstances following the illegal acts, and various factors presented during the trial, the compensation amount was limited to 100,000 won per case. Plave’s agency, Vlast, filed an appeal following the ruling and described it as establishing an important precedent for defamation cases involving virtual avatars. Debuted in 2023, Plave is one of the most successful virtual K-pop groups. It has over 1 million subscribers on YouTube and regularly releases music videos and daily content. The group was nominated for Vocal Performance and Song of the Year at the 2023 MAMA Awards and won major awards at this year’s Seoul Music Awards. Virtual K-pop idols consist of real people who use motion capture technology to provide voices and control animations, representing a rapidly growing genre within South Korea’s entertainment industry. Industry experts argue that such virtual idols can offer relief from the intrusion into personal lives and intense surveillance pressures faced by real idols.