HYBE’s request to access personal information on a US social media platform for a Korean criminal lawsuit was rejected due to concerns over potential abuse and the prioritization of local investigations. Starship Entertainment’s successful discovery request in a civil case highlights the importance of framing legal actions strategically. HYBE should consider new legal strategies and collaborate with fan communities to address cyberbullying issues effectively.
HYBE’s Discovery Request and Court Rejection
On June 28, 2024, HYBE Corporation (HYBE) filed a discovery request against a social media platform (SNS) in the Northern District Court of California, USA. The request aimed to secure evidence for an ongoing criminal lawsuit in South Korea. HYBE’s request met the minimum prerequisites, as the company is based in South Korea and the requested documents were intended for use in a Korean criminal proceeding. However, the court rejected HYBE’s request despite acknowledging these factors.
Reasons for Court Rejection: Potential Abuse and Prioritization of Local Investigation
The US court cited the following reasons for rejecting HYBE’s discovery request:
Potential Abuse
The court expressed concerns that allowing foreign individuals to access another foreign individual’s personal information through the US court system could be susceptible to abuse. It emphasized that criminal investigations are typically handled by prosecutors, and direct requests for evidence by individuals raise concerns about potential misuse.
Prioritization of Local Investigation
The court recognized that Korean authorities had already initiated investigations into HYBE’s criminal complaint. Therefore, the court deemed it more appropriate for Korean authorities to directly request evidence or follow the mutual legal assistance treaty between the US and South Korea.
Starship Entertainment’s Successful Discovery Request: A Precedent for HYBE?
In a similar case, Starship Entertainment, another K-Pop agency, successfully obtained a discovery request from a US court. Starship’s request was based on a civil lawsuit seeking damages, rather than a criminal complaint. This precedent suggests that HYBE might have had a better chance of success if it had framed its request as a civil action rather than a criminal one.
Korean Community Reactions: Disappointment, Criticism, and Calls for New Strategies
News of HYBE’s rejected discovery request sparked various reactions within the Korean community. BTS fans, in particular, voiced the following criticisms:
HYBE’s Incompetence
BTS fans criticized HYBE’s handling of the legal action against the US SNS. They specifically pointed out HYBE’s failure to collaborate with Korean prosecutors and its decision to proceed independently with the US court filing.
US Court Bias
Some fans alleged bias in the US court’s decision, arguing that US courts are generally reluctant to grant discovery requests for criminal cases. They questioned the fairness of the ruling.
Neglect of dcinside BTS Gallery
Fans criticized HYBE for neglecting legal action against dcinside BTS Gallery, a Korean online community notorious for malicious comments. They highlighted the ongoing cyberbullying issue on the platform and demanded HYBE’s attention.
Looking Ahead: Need for New Legal Strategies and Fan Community Involvement
HYBE’s rejected discovery request has highlighted the complexities of legal strategies for Korean idol groups operating overseas. The company must carefully evaluate its approach in future legal cases, considering both criminal and civil avenues. Additionally, idol fans should actively seek solutions to the cyberbullying problem, working with agencies and relevant authorities to create a safer online environment for their favorite artists.
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