Can You Face Legal Action for Criticizing Virtual K-pop Stars? South Korea Judiciary Says Yes
A court in Korea has ordered a online commentator must pay $360 for defaming a virtual idol group - where the members are digital avatars.
The group of five of virtual idol band Plave are brought to life through performance capture systems by genuine though undisclosed talent.
During 2023, Plave's agency filed a civil suit against a internet user for making derogatory remarks about the band online.
This decision by the court, issued in spring and made public on the judicial portal recently, is one of the pioneering cases to address digital entertainment personalities - an expanding phenomenon in the Korean entertainment industry.
Plave, which debuted in 2023, is one of K-pop's top-performing virtual stars, with more than a million followers on its video platform where they frequently share singles and video blogs.
They are also frequent participants at the nation's major award ceremonies. Their song Way 4 Luv was nominated for top singing award and track of the year at the 2024 MAMA Awards. Recently, they received a significant award at the prestigious music event.
In July 2024, the accused user focused on the group in a number of comments - some containing offensive language. Included were remarks that the individuals operating the digital characters "might be unattractive in actual appearance" and projected a "typical male impression", Korea Times stated.
The defendant claimed that the comments were aimed at the fictional characters and rather than the real people operating them.
But the court dismissed the argument, stating that if an digital representation was generally accepted to signify an actual person, then attacks on the avatar also extended to the actual individual.
The management company, the firm, had requested 6.5 million won for each of the five performers representing the band, claiming that the remarks had caused them psychological harm.
What the court granted them in reality was a small portion of that: 100,000 won per person. The court explained it had decided on the amount after evaluating the severity of the offending comments and the context related to the situation, news outlets indicated.
Vlast has challenged the compensation stated by the legal system, maintaining that the legal proceeding set an significant legal benchmark for defamation of virtual avatars.
Advocates of virtual K-pop idols say the digital characters can reduce stress from real-life performers, who face constant examination over their personal lives.