Question
How can I file a complaint against an internet broadcaster?
While watching an online broadcast, if the broadcaster (BJ, streamer, or PD) repeatedly uses abusive language toward an unspecified number of viewers, or mocks or insults someone by specifically mentioning their username, I would like to know whether such conduct could constitute defamation or insult and whether I could file a civil lawsuit.
In addition, what information or evidence should I save in order to meet the requirements for filing a lawsuit? If a case is dismissed because the legal requirements for a lawsuit are not satisfied, what other methods of obtaining relief would be available to the person who filed the lawsuit?
Answer
If a broadcaster uses abusive language toward an unspecified number of people, it is difficult for this to constitute the crime of insult or defamation. However, if the broadcaster specifically mentions a particular username and then uses abusive or insulting language toward that person, the crime of insult may be established.
In such a case, the person who was mocked or insulted may file a criminal complaint against the broadcaster for insult (or, depending on the circumstances, defamation), which could result in criminal punishment. In addition, the person may file a civil lawsuit seeking damages for the harm caused by the broadcaster's unlawful conduct.
If a lawsuit is dismissed, the person generally cannot obtain relief through that particular lawsuit. However, they may consider sending a formal notice to the online service provider hosting the broadcast, requesting that the broadcaster's activities on the site be suspended in order to prevent further harm. They may also request that the other party issue a public apology.
If you have more specific questions about your situation, it is recommended that you seek assistance from a legal professional.