Despite Widespread Mockery of BTS and NewJeans, HYBE’s Legal Responses Fall Flat Repeatedly
Entertainment agency HYBE has repeatedly faced setbacks in its legal actions against so-called cyberwreckers spreading rumors about its artists
According to legal circles, on June 28th, HYBE’s request for disclosure (discovery) submitted to the U.S. District Court for the Northern District of California was rejected.
Judge Vince Chhabria acknowledged that HYBE’s application met the basic requirements of Section 1782 but did not grant the disclosure. The court viewed the use of the U.S. legal system by private individuals to obtain personal information as an abuse of the system. Judge Chhabria noted that criminal investigations are typically conducted by investigative agencies, not the victims, and pointed out the lack of action by Korean police regarding HYBE’s complaint. Judge Chhabria added that if Korean investigative authorities were to request disclosure, it could proceed according to the treaty between the U.S. and Korea.
Previously, HYBE announced a large-scale legal response to cyberwreckers spreading false information and rumors about its artists.
This particular disclosure request was aimed at an X user with the ID “Guilty Archive”, who posted critical comments about BTS.
HYBE filed a complaint with the Seoul Yongsan Police Station last May regarding Guilty Archive, accusing them of spreading false information about BTS’s alleged involvement with Dahnworld and the disbandment and debut process of girl group GFRIEND. There has been debate over whether Guilty Archive’s comments constitute false information or legitimate criticism.
HYBE’s similar disclosure requests concerning YouTube channels “Issue Feed” and “Short Chajang” were also dismissed on June 5th for reasons similar to the Guilty Archive case.
Legal action against cyberwreckers who have defamed girl group NewJeans has been upheld but is facing difficulties. ADOR’s legal affairs are handled by HYBE.
According to the legal community, HYBE requested information from Google regarding the YouTube channel “7th Grade Middle School”, but Google did not comply.
The operator of “7th Grade Middle School” previously mocked HYBE, claiming that they used only a telecommunication company IP and were not living at the registered address during the requested period in October last year. They suggested they might avoid detection with Google’s assistance.
After posting mocking comments about HYBE, “7th Grade Middle School” voluntarily deleted the channel, not as a result of any legal ruling. Additionally, there are suspicions that the document submitted to the U.S. Federal Court was almost a direct copy of the “Sojang” information disclosure request.
HYBE’s repeated failures in legal actions have led to dissatisfaction among some fandoms. Recently, BTS’s fandom ARMY expressed such dissatisfaction.
An anonymous ARMY said, “Despite fans spending countless hours sending thousands of PDFs, the agency has never mentioned DC Inside BTS Gallery in their legal notices. After over 10 years of ‘mouth lawsuits’, neither fans nor many antis believe the agency’s legal notices, leading to an increasing spread of rumors about the members.“
Lawyer Jung Kyung-seok of LIWU Law Firm, who succeeded in identifying the operator of the “Sojang” channel, commented, “Discovery applications to the U.S. courts by foreigners are closely related to domestic lawsuits. Even if all legal requirements are met, the judge has discretion, so a cautious approach is necessary. There are various variables and considerations, such as channel name changes or deletions before and after the discovery submission, and the process is far from easy.”
