Can One Be Sued for Criticizing Virtual Korean Pop Stars? Korean Judiciary Rules Affirmatively

A court in South Korea has ruled that a online commentator is liable for £265 for making defamatory statements about a virtual idol group - where the members are virtual characters.

The group of five of virtual idol band Plave are brought to life through performance capture systems by actual but unnamed actors.

In the previous year, the group's management company filed a civil suit against a social media user for posting derogatory remarks about the group online.

This decision by the court, handed down in spring and made public on the judicial portal recently, is among the first to address virtual K-pop idols - an growing phenomenon in South Korea's music scene.

The virtual group, which launched in 2023, is one of K-pop's top-performing digital artists, with more than a million subscribers on its video platform where they frequently share singles and video blogs.

They are also frequent participants at the nation's major music awards. Their song their hit single was shortlisted for best vocal performance and track of the year at the 2024 MAMA Awards. This year, they won a significant award at the Seoul Music Awards.

In mid-2024, the defendant targeted Plave in a series of posts - some containing offensive language. Included were comments that the people behind the avatars "could be unattractive in real life" and gave off a "typical male impression", local media stated.

The individual argued that the statements were aimed at the fictional characters and rather than the actual performers operating them.

But the court dismissed the argument, saying that if an avatar was generally accepted to signify someone real, then attacks on the avatar also applied to the real person.

The management company, the firm, had requested a substantial amount for every one of the five performers representing the group, claiming that the remarks had resulted in them psychological harm.

However, what the judges awarded them instead was a small portion of that: a reduced sum for each individual. The tribunal explained it had decided on the amount after evaluating the seriousness of the offending comments and the circumstances related to the incident, news outlets reported.

Vlast has challenged the compensation awarded by the legal system, maintaining that the case set an significant legal benchmark for libel of virtual avatars.

Supporters of virtual K-pop idols say the avatars can reduce pressure from human idols, who face intense scrutiny over their private affairs.