What are the legalities around the Faker lawsuit? We asked UK barrister Nick Williams about laws around malicious comments and the differences between Korean and UK law

Faker Lawsuit

Image source: Inven Global

A Korean law firm has filed a lawsuit on behalf of T1 pro player Faker against people who posted malicious online personal attacks towards him.

This Faker lawsuit story has created a lot of debate online, and some confusion around laws in Korea and how they differ from the UK’s, so we spoke to a legal expert further in this article.

In South Korea, making a public insult can be a criminal act, under article 311, which states: “A person who publicly insults another shall be punished by imprisonment or imprisonment without prison labour for not more than one year or by a fine not exceeding two million won (around £1,200).”

Esports journalist and host Ashley Kang tweeted about the news earlier today:

Those found guilty of insult cases are usually sentenced to a $1,000 to $2,000 fine, Faker’s representatives at Apex Law LLC said, and that serious cases of repetitive and malicious insult may lead to imprisonment. They added they believe ‘these sentences will be higher than the usual cases’.

While the term ‘insult’ was used, it’s understood the comments made towards Faker were more threatening and serious than a basic insult.

Separate legal action is being taken on behalf of coach Moment via a previously-filed lawsuit.

T1 play in the Korean League of Legends competition, the LCK, where they currently are second in the Summer 2022 season.

What did Faker’s legal representatives say about the lawsuit?

In this video posted on the Korizon Esports YouTube channel, legal representatives of Faker – Park Ji-won and Noh You-hyeon of Apex Law LLC, said: “The subjects we are filing a case against continued to spread malicious comments over an extended period of time. Despite multiple warnings from T1 prior to today, these individuals continued their acts of insult, and we are left with no choice but to file suits. Therefore, T1 is looking for these suits to lead to legal consequences.

“While T1 said it would like these illegal actions [stopped] multiple times in the past, these individuals continued to increase their acts of insult, in number and intensity, consistently publicly posting texts that insult Faker.

“This has caused mental distress to not only the player, but also his family and colleagues, which has left us no choice but to pursue the filing of prosecution today, against a few commentees responsible for such defaming comments.

“Respecting Faker’s own wishes, we have limited the subjects of this legal suit to these who have caused frequent defamation and in high intensity, [and this] requires severe penalties – this means we’re not looking toward leniency or settlements.

“The subjects we are filing a case against continued to spread malicious comments over an extended period of time. Despite multiple warnings from T1 prior to today, these individuals continued their acts of insult, and we are left with no choice but to file suits. Therefore, T1 is looking for these suits to lead to legal consequences.”

Apex Law LLC

“Moving forward, we will continue to monitor text uploads subjecting various players within T1 including Faker and plan to make active legal actions against activities that fall under legal jurisdictions of insult or defamation. We hope to see a mature and sound culture become established within esports so no such further legal actions may have to take place.

Legal representatives added the legal action is not against every negative comment against Faker, only to a minority of people that have made regular insults ‘of very high intensity’ despite warnings from T1. They also said the management of the online sites in question have been assisting them with their investigations and legal action.

In a separate incident, the legal representatives said they received a letter of apology from the organisers of an anti-Faker community.

“In regard to today’s case, this is the first time we are publicly stating we are pursuing a prosecution, so we have not been reached out to [regarding this lawsuit] just yet,” Apex Law LLC added.

What comments were made towards Faker that prompted the lawsuit?

We don’t have the exact comments, which were described as ‘malicious’, but Faker’s legal representatives said: “[The comments] depicted Faker with visual imagery so graphic we cannot describe the imagery publicly. [Other comments made] insulted the player’s mother, we’re talking of that level.”

Comments were described as ‘insulting and defaming, unjustified criticism and personal attacks’. Before this was fully revealed and the story was developing, some in the Western community initially took these as typical negative comments, and were a little confused that legal action was being taken.

However, others said online these comments were not your usual insults or criticisms that may come with being a well-known personality or athlete. Others also said the comments were threats made towards Faker and his family.

T1 CEO Joe Marsh clarified:

“South Korea has laws protecting anyone from malicious online comments. This isn’t about someone complaining about our draft or saying they don’t like a player or he is bad at a game. This is for the repeated comments that cross the line into threats and harassment etc.”

Joe Marsh, T1

“We tried [posting] sternly worded tweets [to attackers] – those don’t work. You actually work with the police in this process. We compile the messages and if there is judged to be enough there, the police do the heavy lifting of using their tech to track down and identify the offender.”

UK League of Legends caster Middlecott said: “I find it very strange that the comments on this are assuming this is over something trivial especially considering how well documented that actions of some “fans” has been in the past. Massively underestimating the harm that people can/do cause without leaving their PC.

“The ease of access that fans have with pros and vice versa is something amazing and unique to esports, however there needs to be measures in place to protect the safety and wellbeing of players.”

UK LPL caster Joe ‘Munchables’ Fenny also posted a thread on the Faker lawsuit, clarifying previous comments, saying he wasn’t aware at the time the comments made towards Faker were ‘death threats’, which he agrees should be punishable.

How does Korean law differ to the UK in terms of insults and personal attacks?

image 12

We asked Nick Williams (pictured), Barrister at Morgan Sports Law and MD of DotX Talent, for his views.

Nick told Esports News UK: “In the UK it is not a criminal offence to insult someone. The offence of criminal libel was repealed in 2010, and although it used to be an offence under section 5 of the Public Order Act 1986 to use “… threatening, abusive, or insulting words or behaviour … within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby”, the word “insulting” was removed from that section in 2014.

“There is an offence of harassment in the UK, so if you left multiple nasty comments on someone’s social media personally attacking them, and they they found that distressing, you could be prosecuted in that situation.

“I can’t see it being relevant in a situation like this, but if someone writes untrue things about you that lead to serious harm to your reputation, then you can bring a civil claim for libel.”

What about the recent KT Rolster incident where their team were threatened?

Sadly, the Faker lawsuit is not the only recent case of some in the community acting with malicious intent towards a Korean League of Legends team.

KT Rolster, who are currently fifth in the LCK Summer 2022 Season, recently reported an incident where members of the team were sent pictures of weapons, and actual boxes of weapons to their training facilities.

KT Rolster said in a statement (translated via Google translate): “Recently, while monitoring to protect the rights and interests of KT Rolster players and coaching staff, we discovered many violations of rights that were socially unacceptable beyond simple expression of opinions as esports fans.

“Serious swearing and accusations directed at the team, dissemination of unconfirmed facts, sending pictures of weapons to players/managers/front desks, delivering boxes of weapons to the practice room, etc are defamation. It may fall under Article 70 of the Act on Promotion of Communication Network Utilization and Information Protection), insults (Article 311 of the Criminal Act), and special threats (Article 284 of the Criminal Act).

“Our team were sent pictures of weapons, and boxes of weapons were delivered to our practice room. As a result of some of the fans’ actions, KT Rolster members are complaining of pain and anxiety, and it is feared that this will negatively affect many fans who love KT Rolster and esports in the long term.”

“As a result of some of the fans’ actions, KT Rolster members are complaining of pain and anxiety, and it is feared that this will negatively affect many fans who love KT Rolster and esports in the long term. We ask that you take note of this, and inform you that we plan to consider more active measures if the infringement of rights to the team continues in the future.

“Once again, we would like to thank the fans for their support for KT Rolster. In the future, KT Rolster will always do its best to protect the rights and interests of the team and promote the healthy development of esports culture. Thank you.”

T1 CEO Joe Marsh later tweeted about this, saying there is no place for this type of behaviour in esports.

https://twitter.com/Op74Pathetique/status/1549248977635315714

In a separate development, a couple of months ago, T1 and Faker signed an exclusive sponsorship deal with sports agency which has offices in London.

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