NewJeans Asks U.S. Court to Force Google to Identify YouTube User for Criminal Defamation Case
Written by djfrosty on April 11, 2024
NewJeans 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 info because they are seeking criminal charges in South Korea – a far more serious penalty for defamation than exists under U.S. law.
“The applicants are members of a female K-Pop group, who have come under attack by an anonymous individual posting false and defamatory videos on YouTube,” the group’s lawyer wrote in the March 27 petition, which was obtained by Billboard. “Unfortunately, without the YouTuber’s personally identifiable information the criminal case cannot be fully prosecuted.”
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The band’s target is the anonymous owner of a YouTube account called “7th Grade in Middle School,” which attorneys for NewJeans say has “engaged in name-calling or other mocking behavior” and has posted as many as 33 defamatory videos that have been viewed more than 13 million times. They cited one particularly “derogatory” post, which allegedly claimed that NewJeans member Min-ji Kim was the “eldest daughter of a Vietnamese farmer.”
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 first reported by The New York Times.
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 even fully true statements can face criminal penalties. In 2015, a United Nations watchdog called out South Korea‘s “increasing use of criminal defamation laws to prosecute persons who criticize government action.” In 2022, a U.S. State Department report warned 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.”
NewJeans isn’t the first K-pop group to use those laws. In 2019, HYBE (then Big Hit Entertainment) filed criminal defamation cases over BTS, alleging the targets had behind “personal attacks” on the band. In 2022, Big Hit did so again over “malicious postings” about BTS, asking the group’s famous fan “army” to help gather evidence. YG Entertainment, the label behind Blackpink, has also filed its own complaint against “internet trolls,” accusing them of “spreading groundless rumours about our singers.”
According to the recent U.S. court filings, NewJeans’ label ADOR filed a criminal complaint with police in Seoul in March, but the case has stalled because they cannot identify the actual person behind the YouTube account. The group’s attorneys say they sent a request for such information to Google, but that the American tech giant has refused to hand it over.
A spokesman for Google declined to comment when reached by Billboard on Thursday. In a policy statement regarding government requests for personal information, the company says: “Google carefully reviews each request to make sure it satisfies applicable laws. If a request asks for too much information, we try to narrow it, and in some cases we object to producing any information at all.”