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It is starting to go viral that BigHit is suing an elementary school student using South Korean Defamation Law.
This is already controversial in all of kpop fandom, but lets be clear. BigHit are absolutely in the wrong here and will see no consequences for their actions.
This is already controversial in all of kpop fandom, but lets be clear. BigHit are absolutely in the wrong here and will see no consequences for their actions.
This thread is NOT about whether or not the information is credible, it is about the implications of a major corporation taking legal action against a child.
South Korea's defamation law, from my limited research basically amounts to "If facts are shared that damage someone's reputation".
According to current law, it does not matter if those facts are true. In SK defamation law, you just have to share facts, and you can be charged
According to current law, it does not matter if those facts are true. In SK defamation law, you just have to share facts, and you can be charged
After Park Guen-Hye was impeached, there were multiple articles written about how she would use this law to charge journalists and publications criticizing her.
Remember. EVEN IF IT IS TRUE, you can be criminally charged under defamation law in SK.
Remember. EVEN IF IT IS TRUE, you can be criminally charged under defamation law in SK.
Corporations are also notorious for abusing this law to stifle anything negative being written about their company.
This is why JTBC was so scared when BigHit publically called them out.
This is why JTBC was so scared when BigHit publically called them out.
But remember, and I cannot emphasize this enough. In South Korea, even if the statement is true, a company or the government can STILL sue you for defamation and it is completely legal.
JTBC could have reported on something factual, and BigHit could have sued them.
JTBC could have reported on something factual, and BigHit could have sued them.
It has already been written extensively that South Korea's current defamation laws discourage free speech against powerful entities like the government and South Korea.
So that's the far reaching implications of this law.
So that's the far reaching implications of this law.
I do not advocate for the total abolishment of a defamation law. But clearly it needs to be amended.
I've asked a question about the implications of our fandom before, and that was Are we as a fandom going to attack anyone who disagrees or dislikes BTS and says something about it? If so, why?
If we agree that that is an acceptable reaction, do we celebrate a major corporation enacting power on a most likely middle or working class family?
Was the right course of action really suing a child?
Was the right course of action really suing a child?
If the child's post is to be believed. BigHit sent them a letter and their family has to go to the police with the child to address the charges.
From my understanding, the child was charged for running a hate site about Jungkook and posting malicious rumors.
From my understanding, the child was charged for running a hate site about Jungkook and posting malicious rumors.
This is not to defend the child's actions which are abhorrent. But I find it really difficult to believe that the only course of action was to sue the child's family.
That is such a gross abuse of power? There are so many better, PRIVATE ways this could have been handled.
That is such a gross abuse of power? There are so many better, PRIVATE ways this could have been handled.
If the child is to be believed and the letter they received was not a "cease and desist" and an actual criminal charge which could result in a fine and or up to 7 years in prison (Yes, seriously).
Are we as a fandom going to consider this a reasonable course of action? Really?
Are we as a fandom going to consider this a reasonable course of action? Really?
This was the only way it could have gone down? They couldn't, oh I don't know, call the kids parents and just let them know what the kid is doing? Tell them to bring the kid in and do a little sit down? Work out a suitable punishment fit FOR A CHILD?
Work out an agreement with the parents where the child writes an apology and gets some counselling.
There were so many different, more ethical ways this could have been handled. And BigHit decided to send criminal charges to a child.
It's unconscionable. Completely.
There were so many different, more ethical ways this could have been handled. And BigHit decided to send criminal charges to a child.
It's unconscionable. Completely.
If anyone who is reading this thread still agrees with the action. I sincerely implore you to think about your own sense of ethics.
Or in this case, fucking get some ethics and stop bootlicking corporate overlords on a gross abuse of power.
Or in this case, fucking get some ethics and stop bootlicking corporate overlords on a gross abuse of power.
