Shohei Ohtani's second child born, criticism comments regarding 'overworking his wife'
Following the news of Shohei Ohtani giving birth to his second child in consecutive years, a controversy over legal liability is arising as critical comments accusing him of "overworking his wife" continue to appear.
Shohei Ohtani's Second Child and Online Controversy
Baseball star Shohei Ohtani has given birth to his second child (a son) with his wife, Mamiko. While congratulations follow the news of the second child arriving about a year after the first, voices expressing concern for the mother's health are spreading in a critical manner across online communities. Some netizens are causing controversy by posting critical comments using the expression "overworking the wife" regarding her situation of consecutive births.
The Boundary Between Privacy Invasion and Legal Liability
The comments related to "overworking the wife" currently appearing online go beyond simple health concerns, taking the form of criticizing a specific individual's privacy or negatively defining a family's parenting style. Such actions have the potential to infringe upon the private sphere of a celebrity's family, and if the level of criticism escalates, it could lead to legal disputes beyond mere expression of opinion. In particular, the core of the controversy lies in the act of defining a person's character using the word "overworking" by targeting the extremely personal situation of childbirth.
Possibility of Defamation and Insult Charges under Korean Law
If this controversy were to lead to a Korean court, the level of punishment would be determined by the specific content of the posts. Korean law strictly regulates the act of posting online with the intent to defame or insult others. Even if the comments are framed as "worrying about health," if the essence is clearly intended to disparage a specific individual or lower their social standing, charges of defamation under the Information and Communications Network Act or insult under the Criminal Act may apply. Using insulting expressions against the families of celebrities is subject to legal judgment.
The Conflict Between Freedom of Expression and Protection of Personality Rights
Debates surrounding the private lives of celebrities are a point where two values—freedom of expression and the protection of personality rights—clash. Experts point out that while it is impossible to prevent any mention of a celebrity's private life, distorting facts or using insulting expressions is unlikely to receive legal protection. Directing arrows of criticism toward private matters, such as a family's childbirth, can be subject to legal liability. Whether legal responsibility is assigned will likely be determined by the specific level of expression and the intent of the posts.
