Choi Siwon Wins US Court Order To Identify Anonymous Malicious Commenters

Choi Siwon, singer and actor of boy group Super Junior, has filed a lawsuit against the authors of malicious posts targeting him and recently succeeded in securing their identities through a US court.

According to Sisa Journal’s reporting on July 3rd, the US District Court for the Northern District of California granted, the previous day on July 2nd, a discovery request Choi Siwon filed against 10 users of overseas platforms including X (formerly Twitter) and YouTube.

According to court documents obtained by Sisa Journal, Choi Siwon has continuously faced malicious comments since former President Yoon Suk Yeol’s December 3rd martial law declaration. The comments intensified after Choi Siwon posted a four-character idiom and a Bible verse on his SNS this past February, shortly after Yoon was sentenced to life in prison in his first trial on insurrection charges as the ringleader. The idiom, “Injustice is bound to collapse, crumbling like earth, shattering like a roof tile,” was interpreted as a political message, sparking controversy, including hardline conservative YouTuber Jeon Han Gil publicly extending a “love call” to him.

Following that, X and YouTube saw a stream of insulting and mocking comments targeting Choi Siwon’s political leanings, religion, appearance, and career. These ranged from remarks like “Leave Super Junior,” “If you want to do politics, become a politician,” and “Are you only holding onto your idol title for the money?” to comments tying him to a specific religion for criticism.

In response, Choi Siwon filed a damages lawsuit for insult and defamation against the 10 individuals with the Seoul Central District Court this past May. To proceed with the case, he then petitioned a US court to compel X and Google, the platform operators, to disclose the defendants’ names, dates of birth, addresses, and other identifying information.

Choi Siwon’s side requested the court grant the petition, arguing that the Korean language used in the posts and the accounts’ location data indicate none of the users are US citizens or located in the United States. The court granted the request.

The court specifically noted that the First Amendment’s free speech protections do not apply to foreign nationals outside US territory, finding no basis for infringement since the posts concern a resident of Korea and there is no ground to believe the authors are US citizens. It also found the scope of the request narrowly limited to information necessary for identification, and therefore not excessive.

With this ruling, Choi Siwon is now able to proceed with the lawsuit in Korea. His agency, SM Entertainment, had previously stated, “To protect our artists, we are gathering evidence regarding the creation of false information and mocking posts, and we will escalate legal action in stages for any confirmed unlawful conduct,” suggesting further action may follow.

Source: (A)