'She sucks'… Academy Instructor's Critical Post, Acquitted of Defamation

Case Overview

In this case, a single line of criticism posted on SNS by the defendant, who worked as an academy instructor, led to a criminal trial. Targeting another instructor she had previously worked with, the defendant posted the expression 'She sucks' along with the sentence, 'Teachers who just read out other people's materials, stop peddling your printouts.' The other instructor filed a Defamation complaint, claiming the post singled her out and spread false facts.

Our Strategy

I emphasized that the post could not be determined to refer to a specific person and could well be a general criticism of the education industry as a whole. In particular, I highlighted that the expression 'She sucks,' however coarse, belongs to the realm of subjective impression rather than distortion of facts, and that neither the falsity nor the intent most essential to Defamation could be established. The court likewise acquitted the defendant, holding that 'it is difficult to find that a specific person was clearly identified, and there is no basis to conclude that the statement was false.'

Result · Acquittal

'She sucks'… Academy Instructor's Critical Post, Acquitted of Defamation

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.