Insult (Group Chats, Games, Comments)

Like defamation, insult is only established when it is done where an unspecified or large number of people can learn of it. Group chats with several members are often found to meet this publicity requirement.

By contrast, swearing in a one-on-one chat with only the other person lacks publicity, so it is unlikely to be insult. For a small room of about three people, you need to consider the members' relationships and how likely the conversation was to spread outside.

If you swore at someone in a game or anonymous community based only on their username, it may be found that the victim was not identified if the people around them could not tell who that username belongs to in real life.

Recently there have also been reported cases where someone deliberately provokes swearing, then types their name and phone number in the chat and demands settlement money under threat of a complaint. Typing personal details in the chat does not automatically establish identifiability, so capture the entire chat flow.

An insult is an expression of contempt for a person without stating facts. There have been decisions holding that somewhat harsh or rude words were not an insult if they were not enough to lower the other person's social reputation.

The context matters as much as the words used. You need to show whether the other person provoked you first, whether it was a one-time remark, and what else was said in the same chat.

Because insult is a crime prosecuted only upon complaint, there can be no punishment if the complainant withdraws the complaint before the first-instance judgment is pronounced. A person who withdraws cannot file another complaint about the same case (Criminal Procedure Act Article 232).

There is no set standard for settlement amounts. The safer order is to first check whether the charge can be established, and to negotiate the amount only when it is likely to be. Be sure the settlement agreement includes a clause that the complaint will be withdrawn.