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South Korean victims of online defamation turn to U.S. discovery process for justice

From Hankyoreh · () Korean

Translated from Korean, summarized and contextualized by DistantNews.

At a glance

News Named sources Context piece
  • Victims of online defamation are increasingly using the U.S. discovery process to identify perpetrators, as domestic legal avenues prove difficult.
  • Celebrities like Jang Wonyoung and IU have utilized this U.S. legal tool, which allows courts to order evidence disclosure, to pursue defamation cases against online attackers.
  • While effective, the high costs and complex procedures of the U.S. discovery system present significant barriers for most victims, highlighting the need for international cooperation.

Victims of online defamation are increasingly turning to the United States' discovery process as a lifeline to identify anonymous attackers, a method previously used by celebrities like K-pop star Jang Wonyoung and singer IU.

I am under extreme stress and even taking medication, but there is no way to find the perpetrator, so I am even looking into the U.S. judicial system.

— Victim identified as 'A'A doctor in Suwon, Gyeonggi Province, who has been suffering from a YouTube channel repeatedly posting false and defamatory videos about his clinic.

The U.S. discovery process allows courts to order parties or third parties to disclose evidence before a trial begins. This has become a crucial, albeit expensive, avenue for those suffering from online slander and defamation, especially when platforms based overseas are reluctant to cooperate with domestic investigations.

One such case involved a YouTuber known as 'Taldeoksumso', who was convicted for defaming singer Jang Wonyoung. Jang's legal team successfully used the U.S. discovery process by filing a request with the U.S. District Court for the Northern District of California. This allowed them to obtain evidence from Google, YouTube's parent company, to identify the perpetrator.

The discovery process is not a method that everyone can use because it takes a long time and costs a lot.

— National Assembly Research Service officialHighlighting the inaccessibility of the U.S. discovery process for the average victim.

Following this precedent, numerous celebrities and public figures, including singer IU and SK Group chairman's partner Kim Hee-young, have sought similar legal recourse. The number of inquiries for discovery-related legal services has surged, with law firms reporting over 30 new cases. The scope of clients has broadened beyond celebrities to include lawyers, religious figures, and businesspeople.

We need practical measures and international cooperation so that our investigative agencies and courts can receive information on the identity of suspects from global companies.

— National Assembly Research Service officialCalling for improved legal frameworks and international collaboration.

However, the path is fraught with challenges. Engaging U.S. lawyers and navigating the complex procedural requirements can incur costs ranging from tens of millions to hundreds of millions of Korean won. This financial burden makes the discovery process inaccessible for many ordinary victims, prompting calls for more effective international cooperation and streamlined legal frameworks to assist victims in identifying online harassers.

As the issue of defamation is serious, companies also need to take responsibility and actively respond to cooperation requests.

— Kim Mi-kyungProfessor at the Department of Media and Communication, Chungwoon University, emphasizing corporate responsibility.
DistantNews Editorial

Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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