Court holds defendant liable for online defamation of virtual K-pop idols

Virtual idol group PLAVE / Courtsey of Blast

A court has ruled that online insults directed at virtual idols constitute defamation, ordering an internet user to pay 500,000 won ($360) in damages to members of the virtual K-pop group PLAVE.

The Goyang branch of the Uijeongbu District Court in Gyeonggi Province partly upheld a damages suit brought by the five performers behind the group’s avatars, ordering the defendant to pay 100,000 won to each member.

According to the ruling, the defendant posted a series of derogatory comments on social media in July 2024, saying the people behind the avatars “could be ugly in real life,” claiming they gave off a “typical Korean man vibe” and using profanity. The performers said the remarks caused them emotional distress and sought 6.5 million won each, totaling 32.5 million won.

The defendant claimed that, as the group is made up of fictional characters with no revealed personal identities, defamation could not be established. However, the court dismissed that claim.

Avatars, the court said, are a form of self-expression and social interaction, not just digital images. If an avatar is widely recognized as representing its user, insults aimed at the avatar can be regarded as insults against the person.

The ruling added that the posts were not mere opinion but personal attacks that caused psychological distress. Nevertheless, damages were limited to 100,000 won per member, taking into account the language used and the circumstances surrounding the incident.

Debuting in 2023, PLAVE is a five-member virtual idol group whose performances are delivered by actors using motion-capture technology. The members — Yejun, Noah, Bamby, Eunho and Hamin — only appear as avatars, and their real identities remain undisclosed.

Legal experts said the decision is among the first in Korea to recognize that attacks on avatars can harm the reputations of the people behind them. This sets a precedent for disputes involving digital identity and online speech.