In the world of online games, real-time communication through chatrooms and voice calls has become the norm. Especially during team-based games, it's not uncommon for players to lash out or argue due to mistakes or strategic disagreements. In such cases, can this behavior amount to a criminal offense like public insult? This article gives a quick overview: What legal violations might occur when insulting someone in a game? And what's the difference between public insult and defamation?

Q1: Can insulting someone in an online game constitute public insult?

Yes. According to Article 309, Paragraph 1 of the Criminal Code: “A person who publicly insults another shall be sentenced to detention or a fine of not more than 9,000 NTD.” In practice, three elements must be met to constitute public insult: (1) the act or speech must be made "publicly", (2) the words or behavior must be "insulting", and (3) the victim must be a "person" recognized by law.
In simple terms, whether in a public chatroom or via voice chat, as long as the remarks are made in a setting where multiple people can hear or see them, and involve insulting or degrading language—such as mocking someone's appearance or skills, or calling them trash, animal, etc.—this could be considered public insult. Even if you later claim you were joking or “just trash talking,” that doesn't exempt you from legal responsibility.

Q2: If you didn’t name the person directly, can it still be public insult?

It's possible. If others can infer the victim's identity from the context or conversation—even if their name or game ID isn't explicitly mentioned—the court may still find that a specific individual was targeted. If the elements of the offense are met, it can still constitute public insult.

Q3: If you insult someone's game nickname instead of their real name, does it still count as damaging reputation?

Not necessarily. In online games, if players only interact virtually and don’t know each other’s real-world identities, is the reputation of a game character still legally protected? This remains debated in legal practice:

1. Affirmative view: A game character's nickname and its associated reputation should be legally protected.

As the internet is an integral part of modern life, people express their identities through specific accounts or character names. The relationships, reputation, and evaluations built in virtual communities are no different from those in real life. Therefore, the law's protection of reputation should also apply in the online world.

2. Negative view: Legal protection of reputation is limited to real-world individuals and doesn't extend to virtual personas.

If players don't know each other in real life and no specific tools are used to identify real identities, the virtual nickname cannot be linked to an actual person. Therefore, insulting a game character doesn't impact a real person's reputation. Moreover, users can unlimited virtual IDs and nicknames, so protecting each one contradicts the exclusive nature of reputation rights. Hence, legal protection shouldn't apply to the virtual world.

The above are two different perspectives. You can compare them and see which is more convincing to you.。

Q4: Does insulting someone through private messages count as public insult?

No. The first requirement for public insult is that the words or actions must be public, meaning they must be seen or heard by non-specific or multiple people. Therefore, insults made in one-on-one private messages do not meet this criterion. However, if the message includes false accusations, it may constitute defamation or even threats.

Q5: Besides public insult, what other legal liabilities can arise from insulting someone in a game?

According to Article 310, Paragraph 1 of the Criminal Code: “A person who, with intent to make public, accuses or spreads facts sufficient to damage another's reputation, shall be guilty of defamation and shall be punished by imprisonment for not more than one year, detention, or a fine not more than 15,000 NTD.”

Article 305 of the Criminal Code states: “A person who threatens another with harm to life, body, freedom, reputation, or property, thereby endangering their safety, shall be sentenced to imprisonment for not more than two years, detention, or a fine of not more than 9,000 NTD.”
In addition to public insult, if the language used includes damaging and false accusations—such as claiming someone cheats or uses pirated games—it may be considered defamation. If the words are threatening and cause fear—such as saying you’ll break someone's limbs or harm their family—it could constitute criminal intimidation.

Beyond criminal charges, the victim may also file a civil lawsuit demanding compensation for emotional distress.

Be cautious—Insulting others in games may lead to criminal liability

The excitement of online gaming often heightens emotions, but don't forget: even in virtual spaces, words carry real harm. Whether in chatrooms or voice chats, if your words cause emotional distress or damage someone's reputation, you may have violated laws concerning public insult, defamation, or threats.