Korean media discuss whether Hwasa would be punished for obscene university festival stage, “It’s difficult to apply public indecency charge”
Netizens give divided opinions regarding the possibility of MAMAMOO Hwasa being punished for performing obscene acts at a university festival.
On July 10th, the Seoul Seongdong Police Station stated that they are investigating the complaint filed by the Parents’ Association for the Protection of Students’ Human Rights against Hwasa due to her obscene performance at Sungkyunkwan University’s festival in May. The Parents’ Association claimed, “Hwasa’s scandalous performance was not only watched by students but also by parents and the general public, which caused discomfort to a number of people. We are deeply concerned that young people watching the explicit performance presented by Hwasa might imitate her action.”
Hwasa is already famous for her bold styling and performances. Even on the 2018 MAMA stage, she wore a revealing red outfit reminiscent of a swimsuit and sparked a heated debate over sensationalism. Despite such controversies, Hwasa remains confident. Appearing on a variety show in 2019, she shared, “Rather than making vague exposures, I thought about what outfit would make me look the coolest on stage and how I can pull it off well”.
The controversy this time is similar to the previous cases but the situation seems to have become more serious due to the Parents’ Association’s complaint. Internet users also have mixed opinions on this matter. Some people criticize Hwasa, claiming that the performance was not just bold but rather obscene and that such festivals can be watched by an unspecified number of people so the level of provocative performances should have been adjusted. Meanwhile, others believe that there is no problem with Hwasa’s stage presence, pointing out the fact that university festivals are for adults, and Hwasa has already been known for her bold performances.
In relation to the controversy, another question is whether Hwasa will receive punishment. The Parents’ Association sued Hwasa for “public indecency”, which refers to a crime established under Article 245 of the Criminal Act that involves engaging in obscene behaviors in front of an unspecified number of people. In this case, “obscene behavior” refers to acts that stimulate sexual desire, incite sexual excitement, and go against the norms of sexual decency.
However, looking at past precedents, it is difficult to consider Hwasa’s case as one that would lead to criminal punishment for public indecency. In the previous case in which a man driving a motorcycle without a top and the woman who rode with him wore a bikini, the two were fined for excessive exposure. Public indecency charges were not applied. In particular, excessive exposure is punishable by a fine of up to 100,000 won, while committing public indecency can result in imprisonment for up to one year, a fine of up to 5 million won, detention, or probation.
Regarding Hwasa’s case, a lawyer said, “If the exposure act leads to sexual excitement or shame, it can be considered as public indecency. Considering that this incident occurred at a university festival with recognition of the ‘performative’ aspect, it is difficult to conclude that Hwasa’s performance had the ‘obscenity’ that stimulates the general public’s sexual desires. Therefore, it’s hard to apply public indecency charge in this case”.
People in the entertainment industry are also raising concerns that such controversies may excessively restrict artists’ freedom of expression. A music industry insider said, “There may be cultural differences, but if we look at the stages of overseas pop stars, there are a lot more performances that have such provocative acts and outfits with excessive exposure. Seems like Korean artists are being treated harshly”.
Source: Daum
