1. The Client's Situation
The client inquired about the possibility of relief, claiming that its reputation had been damaged by an article published by a certain media outlet. Due to the article's title and composition, the arrangement of photographs, and the mention of unrelated lawsuits, there was a risk that readers might mistakenly perceive that unlawful acts repeatedly existed on the part of the client. However, since it was difficult to conclude that clear false facts existed throughout the article, doubts were raised about the effectiveness of a claim for a correction report. Accordingly, it was necessary to comprehensively review the legal feasibility and strategic selection of various means of relief, such as a correction report, a counter-statement report, damages, and deletion of the article.
2. Your Legal Team's Advice
Your Legal Team analyzed the requirements and effectiveness of each means of relief in stages, in accordance with the legal framework of the Act on Press Arbitration and Remedies for Damage. The team found that, since proof of "false facts" is a key requirement for a correction report, its practical feasibility was low, but had the client further confirm whether there were false assertions within the article. On the other hand, the team determined that a counter-statement report was effective in that it does not require proof of falsity, and refined the logic of the claim focusing on the manner of expression in the article's title, the fact that the counter-statement was merely a formal insertion, and the possibility of misperception caused by the juxtaposition of unrelated lawsuits. In addition, the team proposed a strategy of concurrently filing a small-amount damages claim as a means of preventing recurrence and applying negotiation pressure, and a plan to utilize the deletion of the article as a negotiation card during the mediation process, on the premise that deletion is not a legally compelling measure.
3. Outcome
The client first filed a grievance handling application with the media outlet to secure the possibility of swift relief, while establishing its response direction centered on filing for mediation and arbitration with the Press Arbitration Commission. By distinguishing the legal requirements and expected effects of each means of relief, a strategic response rather than an emotional one became possible, and a system was established in which, if mediation failed, the client could prepare in stages up to a civil claim for damages or a criminal complaint for defamation through printed material. Through this, the client minimized reputational risk and built a foundation for preventive response to similar reports in the future.
Your Legal Team provides comprehensive legal services to protect the reputation of companies and professionals, including establishing strategies for responding to press reports, acting as a representative in applications for mediation and arbitration with the Press Arbitration Commission, and handling defamation damages claims and criminal responses.