NewJeans ask US court for help to find YouTube user in defamation case

From left: Hyein, Hanni, Minji, Danielle and Haerin of NewJeans at the 2024 Billboard Women in Music Awards at the YouTube theatre in California on March 6, 2024. PHOTO: AFP

SEOUL – NewJeans, one of K-pop’s biggest new acts, have asked a federal court in California to order Google to release the identity of the person behind a YouTube account that the members say is spreading defamatory statements about them.

The group said a YouTube user with the handle @Middle7 made the statements in dozens of videos that were viewed more than 13 million times, according to the court filing.

NewJeans’ lawyer, Mr Eugene Kim, wrote that the account had also engaged in “name-calling or other mocking behaviour” targeting NewJeans. According to the filing, the videos “continue to inflict significant reputational damage”.

The move, made on March 27, is the latest example of K-pop stars responding to the pressures they face from the fervid online fan culture in South Korea.

The request, if granted, would allow the group to sue the YouTube user in South Korea for defamation and insult, which are criminal offences in the country.

“We regularly take legal action for violations of artistes’ rights,” Ador, the management agency for NewJeans, said in a statement, confirming that it was pursuing a case against the videos.

Google did not respond to The New York Times’ requests for comment. The YouTube account’s owner could not be reached.

NewJeans – comprising Minji, Danielle, Hanni, Hyein and Haerin – reached No. 1 on the Billboard 200 list in 2023 with their second album, Get Up, as part of the newest generation of South Korean girl groups dominating K-pop.

South Korean stars have long been exposed to floods of hateful comments and cyberbullying regarding their looks, singing skills and private lives. Their managers have in turn zealously guarded the stars’ reputations, often using defamation suits that lead investigators to identify and arrest those social media users in South Korea.

But hateful and defamatory statements have been difficult to patrol on social media platforms operated outside South Korea, according to Mr Kyongsok Chong, a South Korean lawyer who successfully obtained information about another YouTube account through the same court, the US District Court for the Northern District of California, in 2023.

South Korean authorities are better able to identify users on domestic platforms such as Naver and Kakao, said Mr Chong, who represents Starship Entertainment, the South Korean management agency for IVE, another K-pop girl group.

Defamation cases about content posted on websites like YouTube, Instagram and X have stalled.

As a result, people have flocked to those platforms because they believe they can hide, Mr Chong said.

He obtained information about an anonymous YouTube account that Starship Entertainment had accused of defamation, insult and business obstruction.

In one example, the YouTuber appeared to use South Koreans’ negative perceptions of China to spread a rumour that Jang Won-young, a South Korean member of IVE, was Chinese, Mr Chong said. Using that information, Mr Chong won a civil suit against the YouTuber in South Korea.

In the NewJeans case, the members of the band filed a criminal complaint against the YouTuber with a police station in Seoul. But the case could not go forward because the YouTube account was anonymous.

Mr Kim, the lawyer for NewJeans, wrote that he had asked Google, which operates YouTube, for information about the YouTube account.

After he was unsuccessful, he filed the motion with the court in California under a federal statute that allows people to obtain documents needed in a foreign proceeding.

Meanwhile, Yonhap reported that Hyein will be stopping all activities with the group for the time being due to a foot injury.

According to the South Korean media outlet, the 15-year-old singer and youngest member of the quintet sustained a hairline fracture during a practice session and would be minimising her movements as per doctors’ advice.

NewJeans are scheduled to release a single on May 24. NYTIMES

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