▲ Actor Kim Soo-hyun
The court has instructed actor Kim Soo-hyun to specify and narrow down his request to delete YouTube videos related to him uploaded by Hover Lab.
The 51st Civil Division of the Seoul Central District Court (Presiding Judge Hwang In-sung) held a hearing today (November 4) regarding the application filed by Kim seeking an injunction to delete and ban the posting of YouTube videos against Hover Lab CEO Kim Se-ui.
Previously, Kim's legal representatives filed an application with the court in September asking for the deletion of 45 Hover Lab YouTube videos containing defamatory content about him.
During today's hearing, Kim's side stated that among the 45 videos, 11 videos with the highest view counts featured Kim Soo-hyun's face alongside expressions such as pedophilia, and maintained their request for the blanket deletion of all 45 videos.
CEO Kim's side argued that there is no sufficient explanation or evidence proving the videos related to Kim are false, noting that the charges are still being contested in a criminal trial, and that the scope of the deletion request is too broad.
The bench pointed out that the videos requested for deletion by Kim's side appear to contain advertisements and other issues in addition to content concerning the creditor, Kim Soo-hyun, and ordered them to specify and narrow down the scope of the application.
The court also questioned whether it can be determined that the claims are explicitly false simply because the individual has been detained and indicted in the ongoing criminal case, expressing doubt as to whether matters currently under debate in the criminal trial can be acknowledged as false statements constituting defamation.
The bench added that it appears the creditor's side is making these claims belatedly due to his social standing and interests, explaining that making such a broad application makes it difficult for the court to perceive sincerity.
The court further noted that to reach a conclusion, there must be special circumstances requiring the deletion of entire videos despite the freedom of speech guaranteed by the Constitution.
The court asked Kim's side to organize and submit the revised scope of their deletion request by November 20, and decided to receive the response from CEO Kim's side by December 11.
The court plans to review the positions of both sides before reaching a decision.
CEO Kim was detained and indicted in June on charges of spreading false information via YouTube and other platforms, claiming that actor Kim had a romantic relationship with Kim Sae-ron when she was a minor, and that pressure from Kim's side regarding debt collection was the direct cause of Kim Sae-ron's death.
He also faces charges of unauthorized broadcasting of Kim's private photos, threatening him by hinting at further disclosures regarding his personal life, and demanding a public apology.