Actor Son Tae-young wins damages case against media over misused photo

By KTimes

Actor Son Tae-young, 45, has won a damages lawsuit against a media outlet and its journalist for using her photo in an article about tax havens. The court ruled that the misused image violated Son’s portrait rights and caused her psychological distress.

According to legal sources on Tuesday, Judge Lee Gun-hee of the Seoul Central District Court’s Civil Division has ruled in favor of Son in her lawsuit against media company "A" and its journalist. The ruling, which awarded Son 9 million won ($6,200) in damages, was finalized in January after both parties chose not to appeal.

The lawsuit stemmed from an article published in February last year, which was distributed across online news platforms and portals by the media outlet.

The article discussed the growing trend of wealthy individuals emigrating to tax havens due to tax concerns following the COVID-19 pandemic. It included a caption reading, "Son Tae-young, who emigrated to the U.S. in 2019," alongside a photo Son had posted on her social media.

"A" argued in court that the use of a celebrity image was intended to attract reader interest. Son, however, filed for damages, saying that the article falsely suggested she had moved abroad for tax purposes, damaging her reputation.

Her legal team clarified that while she resides in the U.S. for her children's education, she maintains her South Korean citizenship.

Judge Lee ruled that while the article did not explicitly state that Son and her husband, actor Kwon Sang-woo had emigrated for tax avoidance purposes, its use of her photo without clarification infringed on her portrait rights and caused her distress.

The court also noted that the outlet had failed to include a disclaimer clarifying that the photo was unrelated to the article’s subject matter and that Son had faced numerous critical comments as a result.

Many of the comments on the article included calls for Son to be blacklisted from Korean dramas and films. The court further pointed out that "the article, through various expressions, could have fueled negative sentiment and resentment toward wealthy emigrants."

The 9 million won in compensation took into account that the outlet had removed the photo the same day Son’s representatives lodged a complaint and that the article’s primary intent was to highlight the advantages of certain immigration destinations, rather than criticize Son.

However, the court also considered the significant number of negative comments directed at her before the correction was made.

"Even if false information is not directly stated, articles that use images or other nonverbal elements to lead public criticism can still result in civil liability," Son’s attorney Kim Yeon-soo said. "The court acknowledged that the article violated Son's portrait rights and harmed her reputation."

This article from the Hankook Ilbo, the sister publication of The Korea Times, is translated by a generative AI system and edited by The Korea Times.