is asking an American court to force Google to unmask an anonymous YouTube user so that the person can be criminally prosecuted under South Korea’s strict libel laws for posting “false and defamatory videos” about the K-pop band.
In court documents filed last month, attorneys for NewJeans requested that a California federal judge issue a subpoena requiring Google to reveal the user’s identity. The band wants the information because it is seeking criminal charges in South Korea — which carries far more serious penalties for defamation than exists under U.S. law.
HYBE, the parent company of NewJeans’ label, ADOR, did not immediately return a request for comment on the legal proceedings. The recent court filings, which were refiled in court last week, were The case illustrates striking differences between U.S. and South Korean protections for free speech. Under American law, defamation is a civil wrong that can lead to damages, but one that’s sharply limited by the First Amendment. To win such a case, public figures like the members of NewJeans would need to prove that the YouTube user knowingly made false statements, a burden that’s intentionally difficult to satisfy.
In South Korea, on the other hand, defamation is a criminal offense that can be “punished by imprisonment with labor for up to seven years,” and evenwarned that public figures in Korea had used the country’s libel laws to “restrict public discussion and harass, intimidate, or censor private and media expression.”about BTS, asking the group’s famous fan “army” to help gather evidence. YG Entertainment, the label behind BLACKPINK, has alsoAccording to the recent U.S.