Freedom of speech

Freedom of speech (표현의 자유) is protected as a fundamental right under the Constitution.

Sometimes this freedom of the democratic society conflicts with other fundamental rights.

Key words
freedom of speech, reputation

Ideological debates
If a portion of an article contained factual statements about political ideological leanings of a public figure who is occupying a public post, the court should be wary of finding it libellous. The ideological leanings of such a public figure would have far-reaching impact on the country and on the society. If there are any doubtful points about the public figure's ideological leanings, it is necessary to allow ample opportunities to raise the question and to conduct the discussion. Also, however, ideological leanings can easily be dissimulated and it is extremely difficult to prove them in an accurate manner.

When an assertion was made raising doubts on such an issue, the court must be mindful that such an assertion should not be put to a rigorous test applicable to other allegedly libellous assertions. In determining whether the assertion is true or whether there are reasonable grounds to believe it to be true, the court should be in favour of such an assertion if there are some concrete circumstances justifying the raising of doubts.

Reputation protection
In compromising the freedom of press and publication for the protection of a person's reputation, different standards should apply depending on whether a defamed victim is a public figure or not, and whether expressions are concerned with public issues or private matters.

Thus, for the expressions of public and social concerns, more leeways shall be granted to the freedom of press, and moreover, the functions of supervision and criticism shall not be easily restricted unless they constitute maliciously intended or unreasonably groundless attacks, considering that the public should be able to control and criticise public officials' morals and integrity as well as watch whether their duties are being performed in appropriate manners.