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Kim Hyun Joong’s fans are now starting to take legal actions pertaining those haters who kept bashing on Kim Hyun Joong and the fandom. Yesterday a report notice in three languages (Korean, Japanese, Chinese, English) has been circulating around the social network. Here it goes:
Credits: Hyunnies Pexer’s Blog Thank you for sharing!
(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 KHJ’s 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
★★ (Notice 3) English version★★
A report for the first consultation with a lawyer
This is to report the information from the first consultation with lawyer.
1. Question regarding whether a third party, though not the party concerned, may file a legal case to have investigation undertaken for legal punishment
-> [a third party] may not need the consent of the agency or the party concerned in order to take legal action and submit a complaint to have investigation undertaken.
2. Selection and submission of data that may satisfy criminal evidence criteria
-> A screening process for the captured materials so far is needed to select data satisfying legal evidence criteria in proving transparent and intentional defamation
The criteria for the selection are as follows
1) dissemination of false information about KHJ
False information is a posting (publication) of speculative rumors which are not reported in news articles. An example is that KHJ’s finger bruise is the bruise he got while hitting the accuser.
2) continued and repeated act of posting and disseminating drip photos under the same IP or ID
When 6 wk injury and rib drips get to be posted and disseminated repeatedly, they may prove to have continued and repeated defamatory intention and be subject to legal punishment. So please capture the continued and repeated publication and dissemination of the drips.
3) act of posting and disseminating hate response comments or the content continuously and repeatedly.
This act may prove to have deliberate defamatory intention and be subject to legal punishment.
These are the materials satisfying criminal evidence criteria that the lawyer asks to have in order to file a criminal complaint. The major issue in proving crime is the deliberate defamatory intention in the act of disseminating false information. When a person publishes and disseminates continuously and repeatedly, it is proved to have deliberate intention and subject to legal punishment.
When you send us materials, please bear in mind the criteria above mentioned, and provide us materials of continued and repeated publication and dissemination of false information and defamatory statements. Storing the materials for the same IP or ID in one file may help those in charge of data management.
Please send the materials to email address firstname.lastname@example.org.
(NOTICE 2) ENGLISH VERSION
Based on the previous notice, we would like to report the progress made in seeking legal action.
The persons in charge of the overall processes, as the representatives of KHJ fandom,
Around 20 cyber sites are located for continuous monitor and material captures.
If you can assist in material captures, please let us know your availability in your response comment to this notice. The gallers with permanent ids will get the list of the cyber sites to be monitored and captured in the Gall guest book. After reviewing the list, please let us know your preferences for the sites to be assigned. The gallers with temporary ids may leave your availability in response comment below and also in the Gall guest book in order to get the list.
In case you are unable to assist in a consistent manner, you may still continue to capture defamatory posts and send them to those persons in charge soon to be selected.
As you may already know, these processes may not be possible by the participation of few, but possible only by the very active and vigorous participation of all gallers. We would like to request the participation of all of you who want to help out in any manner.
The use of the file name in a unified way is requested for the orderly organization of materials.
Please store your materials under a file name coded in the order of date-cyber site name-title of the post-the name of the person posting(eg. 140925-Iibe-KHJnoEvidence-thePerson’sName.pdf)
There will be two teams for material management.
– data collection team (continuous monitor and data captures of the selected cyber sites)
– organization team (classification and organization of the collected data)
The opening of a bank account and the account number will be notified in the future.
A bank account will be opened under the group name of KHJ Gallery for financial support, when a lawyer is hired and legal action is actually on the way.
We’d like to emphasize that seeking legal action against the defamation of KHJ’s reputation is an independent action by KHJ’s fandom.
Hyunnies Pexer’s Blog Thank you!
As we are all aware for two months now haters has been bashing on Kim Hyun Joong and his fans that we all endured with their ruthless words used to us every time we check on the news and comment pertaining Kim Hyun Joong’s case. It was painful for all of us to be treated in such inhuman manner when we’re simply defending our idol in the most decent way. But these haters simply dragged the fandom to the limits.
May I just clarify that this movement is NOT revenge, but simply teaching those haters some lessons that this incident which took for months would not be repeated again and that for others to be aware that in this world we live in, there’s always limits in reality. There may be freedom of speech that is given to us by the world of internet BUT there should also be moderation on how we use that freedom.
We fight not to get even, but to fight for equal human right to be respected in using the internet in voicing out our thoughts in defending Kim Hyun Joong. You may ask, is this possible? I believe in collective effort with clean intention, nothing is impossible. While we support Kim Hyun Joong which is our right being his loyal fans, we also support our own right to be respected in defending him.
No bound is unreachable for as long as we stay together in one sincere intention in supporting Kim Hyun Joong in any best effort we can.
We UNITE IN ONLY ONE Kim Hyun Joong!
LazerKim here writing
Photo credits as tagged, Ms D and ahlia, Hyunnies Pexer’s Blog thanks!
TO ALL HATERS BACK OFF FROM MY COMMENT BOX!