Court Orders Deletion and Posting Ban on YouTube Video Exposing Tzyang's Private Life
The court has issued a deletion and posting ban order regarding a YouTube video that exposes the private life of YouTuber Tzyang, created by the lawyer of the YouTuber Gujiyok.
On the 27th, E-Daily reported that the Daejeon District Court’s Civil Division 21 (Presiding Judge Kim Soon-han) recently partially accepted Tzyang's request for an injunction to delete the posts and prohibit further postings against lawyer Kim So-yeon, who is the legal representative of Gujiyok, and journalist Kim, who operates the respective YouTube channel.
According to the report, this is related to lawyer Kim So-yeon of Gujiyok (Lee Jun-hee), who was sentenced to three years in prison for extortion through threats against Tzyang.
Previously, Tzyang legally responded after claiming that videos posted by lawyer Kim and others on their YouTube channel from July to December last year contained false information and seriously invaded her privacy.
The videos contained statements insinuating that "there are Chinese-related forces behind Tzyang," "Tzyang is attempting to defame other YouTubers," and "she perjured herself in a criminal case," along with references to tax evasion and working in entertainment establishments, which are deemed as invasions of her private life.
Court States "Unlawfully Infringes on Honor and Privacy Secrets… Not Allowed"
The court stated, "The content of the video can diminish the social value and evaluation of the creditor or violate matters that should be protected as privacy secrets," and concluded that "posting the video on a YouTube channel viewed by an unspecified majority exceeds the scope of legitimate exercise of rights and unlawfully infringes the creditor's honor and privacy secrets, thus cannot be permitted."
Additionally, the court mentioned, "It is also difficult to regard this as a matter of public interest and constitutes an act that would cause the creditor significant and irreparable damage, thus meeting the exceptional prior posting ban criteria."
Specifically, concerning mentions of Tzyang's medical law violations, tax evasion, and past employment in entertainment businesses, the court pointed out that "these are intimate private matters or unverified facts, infringing upon her privacy secrets and freedom."
The court explained, "Even if the claims are an expression of opinion on the YouTube broadcast, the distinction between commentary and fact stated is not clearly separated within the broadcast, making it highly likely for viewers to perceive them as actual facts."
However, Tzyang’s request for indirect coercive measures (costs imposed for violating the video deletion order) was dismissed, with the reasoning that "indirect coercive measures can be sought through a separate request if circumstances arise."
Meanwhile, on the 24th, the Seoul High Court also made a partial acceptance decision regarding Tzyang’s appeal against the posting deletion and posting prohibition injunction filed against Gaseyeon and Kim Se-yi, the representative.
The court ordered that for each video related to Tzyang posted by Gaseyeon and Kim Se-yi, they must pay 10 million won.
Image sources: YouTuber Tzyang / News1, YouTuber Gujiyok / News1, Reference images for understanding the article / gettyimagesbank
