U.S. Court rejects HYBE's appeal to identify X user in a defamation case involving BTS, LE SSERAFIM & more

HYBE's request to disclose the identity of an X (formerly Twitter) user to file a case of defamation against them was rejected by the U.S. court involving popular K-pop artists like BTS and LE SSERAFIM.

According to the publication Seoul Wire, BTS' agency has been filing legal complaints against 'cyber wreckers,' people who allegedly make malicious posts and spread misinformation about their artists.

An X account holder who goes by the username Guilty Archive was one of the reported Cyber Wreckers, against whom HYBE had filed a complaint at the Yongsan Police Station in Seoul, South Korea.

However, despite the complaint, the conglomerate could not identify the user as X's headquarters are in the United States, falling under U.S. jurisdiction. HYBE officials made a legal application to the US court, to acquire relevant information and disclosure of personal identity to take further steps for charging the defamation case.

Guilty Archive allegedly shared defaming posts and misinformation regarding BTS and LE SSERAFIM. They allegedly claimed that former SOURCE MUSIC group GFRIEND's disbandment was linked to their new girl group LE SSERAFIM. Moreover, they also claimed the BTS and other HYBE groups were allegedly connected to the Dahn World.

According to the verdict given on June 28, 2024, Judge Vince Chhabria from The United States Federal District Court for the Northern District of California stated that HYBE met the said requirements however dismissed HYBE's request for information disclosure.

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Why was HYBE's request for information disclosure rejected by the U.S. Court?

BTS and LE SSERAFIM’s agency HYBE is taking legal action against people who make malicious posts online including user Guilty Archive on X. Following Chapter 28, Article 1782 of the U.S. Code of Federal Regulations, information can be obtained through the discovery system only when the basic requirements have been met.

Third parties like agencies may apply for the same. However, the decision to reveal the identity lies in the hands of the Judge. According to Judge Vince Chhabria's statement, private entities may misuse the U.S. federal system by obtaining personal information.

The judge stated that Criminal investigation should be conducted by Judicial agencies and not the victims themselves. Moreover, no indication from judicial agencies like the South Korean Police Station taking action in this case was found.

He also addressed that if the South Korean Authorities take action regarding the disclosure of information, the U.S. court will then be able to take further steps following the procedures laid by the treaty signed between the United States and South Korea.

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Cases similar to HYBE

Notably, other South Korean entertainment agencies like Starship Entertainment and ADOR were able to use this system. The U.S. court permitted them to obtain relevant information to file legal complaints against YouTubers who made malicious videos against their artists.

Starship Entertainment has filed a civil and criminal lawsuit against YouTuber Sojang. In the first trial, Sojang was asked to pay 100 million KRW to their artist Jang Wonyoung. However, Sojang decided to re-appeal in the court. Meanwhile, ADOR has reportedly not made any legal complaint against YouTuber Middle7.

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Besides Jin, all six members of BTS are currently serving in the military. J-Hope is expected to be discharged from his duties in October 2024, and other members in 2025. Meanwhile, LE SSERAFIM held their FEARNADA 2024 S/S Japan fan meeting on Sunday, June 30, 2024.