A South Korean court has made a groundbreaking ruling that online insults targeting virtual K-pop idols constitute defamation, ordering an internet user to pay 500,000 won ($360) in damages to the five members of the virtual idol group PLAVE. The Goyang branch of the Uijeongbu District Court in Gyeonggi Province partially upheld the defamation lawsuit, awarding 100,000 won to each of the group's performers.
The case originated from a series of derogatory social media posts made by the defendant in July 2024. The offensive comments claimed that the people behind the avatars could be "ugly in real life," suggested they gave off a "typical Korean man vibe," and included profanity directed at the virtual performers. The five PLAVE members, who perform behind digital avatars, argued that these remarks caused them significant emotional distress and initially sought 6.5 million won each, totaling 32.5 million won in damages.
The defendant attempted to dismiss the charges by arguing that since PLAVE consists of fictional characters whose real identities remain undisclosed, defamation could not be legally established. However, the court firmly rejected this defense, establishing important legal precedent for virtual performers and digital identity protection.
In its ruling, the court emphasized that avatars represent much more than simple digital images. "Avatars are a form of self-expression and social interaction," the court stated. "If an avatar is widely recognized as representing its user, insults aimed at the avatar can be regarded as insults against the person." The court further determined that the defendant's posts went beyond mere opinion and constituted personal attacks that caused genuine psychological distress to the performers.
PLAVE debuted in 2023 as a pioneering five-member virtual idol group that delivers performances through actors using advanced motion-capture technology. The group consists of members named Yejun, Noah, Bamby, Eunho, and Hamin, who appear exclusively as digital avatars while their real identities remain completely undisclosed to the public. This innovative approach to K-pop performance has gained significant popularity among fans who engage with the virtual personas.
While the court ruled in favor of the plaintiffs, the awarded damages were considerably lower than the requested amount. The judges limited compensation to 100,000 won per member, taking into account the specific language used in the posts and the particular circumstances surrounding the incident. This measured approach reflects the court's careful consideration of both protecting digital performers and maintaining proportional legal remedies.
Legal experts have noted that this decision represents one of the first cases in South Korea to officially recognize that attacks on digital avatars can cause real harm to the reputations and well-being of the people behind them. The ruling establishes crucial legal precedent for future disputes involving digital identity, virtual performers, and online speech in the rapidly evolving digital entertainment landscape.
