(Notice 1) A report for taking legal action against cyber hate comments, drips and others In the face of a highly alarming level of malicious cyber attacks toward Kim Hyun Joong, KHJ fandom, in consultation with a lawyer, is in the process of taking legal action against those posting and disseminating mocking parodies, rumors and public hate comments for model infringement and defamation against the reputation of KHJ. As Criminal Procedure Code 234 states anyone can take legal action when a crime is committed, anyone can take legal action. A defamation lawsuit may be filed by the party concerned and also by a third party against those with deliberate intentions to undermine the reputation of a specific person. According to the Regulations of Promotion of Information and Communications Network Utilization and Information Protection, defamatory action may include the original post (publication) and also the dissemination of the post. The major issue of legal judgment for defamation is not actuality but the existence of intention to undermine the reputation of a specific person. Although a specific name is not mentioned, when many people can make reference to the name according to the circumstances, a defamation lawsuit may be filed. Also regardless of the actuality, even though the content of the post is actual fact, unless the post is done for the purpose of public interests, if it undermines the reputation of a specific person, it may be brought to legal action and subsequent legal punishment per the Regulations. Even though the post is actual fact, if it undermines the reputation of a specific person by disseminating the information to many people, it may be subject to legal punishment. It [defamation against KHJ] is obvious in the accusations against KHJ, which was sent with the opinion (report) of no evidences found or no cases established for three accounts of assaults including habitual assaults, and are currently awaiting the legal ruling by the prosecution. KHJ Fandom, as a third party plaintiff, will proceed to file a criminal complaint by providing a lawyer all the captured materials of continuous and intentional defamatory statements against the KHJs reputation in social network, public bulletin board, blogs, public posts, drips, photos, articles with false information or erroneous exaggerations, hate comments in response to news media broadcasting or articles, and etc. For the first step of the processes, we would like to select people who will monitor cyber sites posting continuous and intentional drips and hate comments, and capture the defamatory posts; and who will classify and organize all the captured materials to be provided to a lawyer. Please let us know of your availability by checking the secret comment at the Gall guest book. When the persons in charge of classifying and organizing the materials are selected, they will collect materials captured by individuals. We would like to request you to send materials to the persons in charge at that time. ---------------------------------- 1. Consulting with a lawyer who has experience in criminal complaints/cases in regard to cyber hate comments against celebrities 2. Collecting materials required for criminal complaints such as captures of hate comments, drips, public posts and etc. - locating certain cyber sites and news media to be continuously monitored - assigning persons in charge of individual cyber sites/new media - the persons in charge of monitoring certain sites will collect materials captured by individual fans in PDF format - assigning persons in charge of capturing materials of major cyber sites/news media ================================================================================== gall.dcinside/board/view/?id=khj&no=114326&page=1
Posted on: Tue, 21 Oct 2014 05:15:08 +0000
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