Court approves HYBE's request to obtain personal information about 2 cyber wrecker YouTubers targeting LE SSERAFIM

    The U.S. District Court for the Northern District of California has approved of HYBE's request to access personal information about two cyber wrecker YouTubers who defamed girl group LE SSERAFIM.


    Previously in June, HYBE Labels filed a request to access personal information about two cyber wrecker YouTubers with the Northern California District Court for the intention of pursuing a criminal lawsuit. However, the request was denied, as the court stated, "Requests to access personal information about suspects in a criminal case should be made by the investigators, not the victim."


    In July, HYBE Labels filed the same request, but this time, for the intention of pursuing a civil lawsuit. The North California District Court approved of this request on August 20 KST. HYBE has now obtained legal permission to access information about these two YouTubers by enlisting the assistance of Google headquarters.


    Once information about the YouTubers is confirmed, HYBE Labels plans on filing a defamation lawsuit in South Korea.


    Source: https://www.allkpop.com/articl…ers-targeting-le-sserafim

    Ruh-oh.


    So for the profession smear campaign companies Hybe get info on their bank accounts, then the police can trace who owns these companies and also who is paying them to run the smear campaigns.

  • AllKill VIP
    Quote from Varenka

    If these are US citizens doing the speech of their own will, then I don't know if this will work? Doesn't the Speech Act basically protect US citizens from forum-shopping judgments like this if the foreign jurisdictions laws don't meet America's standards? :melon_think:

    That was something that came to mind for me as well. Do we know what exactly constitutes the "defamation" in question?

    Quote from wsoet

    That was something that came to mind for me as well. Do we know what exactly constitutes the "defamation" in question?


    Quote from Varenka

    If these are US citizens doing the speech of their own will, then I don't know if this will work? Doesn't the Speech Act basically protect US citizens from forum-shopping judgments like this if the foreign jurisdictions laws don't meet America's standards? :melon_think:



    Yes, these lawsuits would be very difficult to win. US has very high standards for proving defamation, 100x higher than Korea, especially for public figures like LSRFM - Source Music must not only prove that they were hurt by the conduct and that the defendent lied which resulted in the damage, Source also has to prove actual malice which is a very difficult standard. It's not worth it for most public figures, unless the libel is truly serious (like someone falsely accusing them of sex assault, murder, etc).


    However, the lawsuit still has value for Source and any Kpop label. It will force the defendants to probably pay significant money for attorneys. Names of site owners will be made public. We know how Kpoppies are, this could turn into a media frenzy within Kpop social media.

  • AllKill VIP
    Quote from BlackpinkHouse

    Yes, these lawsuits would be very difficult to win. US has very high standards for proving defamation, 100x higher than Korea, especially for public figures like LSRFM - Source Music must not only prove that they were hurt by the conduct and that the defendent lied which resulted in the damage, Source also has to prove actual malice which is a very difficult standard. It's not worth it for most public figures, unless the libel is truly serious (like someone falsely accusing them of sex assault, murder, etc).


    However, the lawsuit still has value for Source and any Kpop label. It will force the defendants to probably pay significant money for attorneys. Names of site owners will be made public. We know how Kpoppies are, this could turn into a media frenzy within Kpop social media.

    It's definitely of value if they are Korean. I imagine that they were careful with whom they selected since they only asked for information for only two accounts. Do you know how the Wonyoung case has progressed? I can't find info.

    My understanding is that it wasn't the defamation, which was the case with Ive and Wonyoung. The US has freedom of speech, except for hate speech against minorities. It was the defamation against minors, Leeseo and Eunchae. If Lsf or Ive were all adults, then they don't get the youtube owner information in the US.


    Now they take this back to the Korea courts, where defamation lawsuits are a slam dunk and involve the FTC for illegal/unethical practices, and although the FTC fines are almost nothing, you have will talking points for years.

    Quote from Varenka

    It's definitely of value if they are Korean. I imagine that they were careful with whom they selected since they only asked for information for only two accounts. Do you know how the Wonyoung case has progressed? I can't find info.

    They still suing/appealing for defamation. That youtuber most likely made a million or more from Youtube, but will only be sued for hundreds of thousands. Where its an individual, its only really effective in stopping the youtube channel.


    I believe regarding the two accounts that Hybe went after, they are owned by companies that operate smear campaigns. So now, just like Kakao and their insider trading, the police track back who paid for those compaigns...

  • AllKill VIP
    Quote from K-PL

    The US has freedom of speech, except for hate speech against minorities.

    The US allows hate speech towards minorities and even towards minors. I think the difference is that HYBE wants to file a civil suit, so that is what allows them to obtain the information.


    Quote from K-PL

    They still suing/appealing for defamation. That youtuber most likely made a million or more from Youtube, but will only be sued for hundreds of thousands. Where its an individual, its only really effective in stopping the youtube channel.


    I believe regarding the two accounts that Hybe went after, they are owned by companies that operate smear campaigns. So now, just like Kakao and their insider trading, the police track back who paid for those compaigns...

    Ah okay. That makes things more understandable then.

    it might be hard to prove in U.S courts against U.S citizens, but i can guarantee you that those youtubers will have sleepness nights and likely will deter them from making those kinds of videos again. i think that is what HYBE is doing since they have deep pockets and sending a message to future youtubers about thinking twice before making a video like that again. just curious though, which youtuber(s) was it?


    HYBE could also just get the personal information and publish it since they know that their case is a loss cause, but they at least have the personal info of the youtuber.

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