South Korean prosecutors have cleared an online user of criminal charges after HYBE filed a complaint over comments posted under Naver news articles, which the company claimed were defamatory and insulting.
According to a non-indictment decision obtained by Financial News on July 20, the Bucheon Branch of the Incheon District Prosecutors’ Office concluded on July 4 that there was insufficient evidence to indict the user, referred to as A, on charges of defamation and insult under the Information and Communications Network Act.
The comments were posted in September 2023. One appeared under an article titled “HYBE's global girl group KATSEYE enters Billboard’s ‘Bubbling Under Hot 100’”, where the user wrote: “Also, HYBE recently acquired a U.S. media manipulation firm.”
Another comment, under a separate article about ADOR CEO Min Hee Jin’s legal battle with HYBE, stated: “HYBE seems collectively mentally ill. Did Bang Si Hyuk manipulate them like juice-writing? They’re lying like Hamas.”
HYBE claimed the comments suggested false facts, such as the company engaging in unethical media practices, and argued that comparing the label to a terrorist organization amounted to a serious insult.
However, prosecutors determined that the user’s statements could not be deemed clearly false. They noted that the firm mentioned—The AGENCY, a U.S.-based public relations company acquired by HYBE—is known for media campaigns favorable to artists. Referring to such a firm as a “media manipulation agency,” the prosecutors said, is a matter of subjective opinion rather than factual misrepresentation.
The prosecution also addressed the tone and wording of the comments, including terms such as “mentally ill” and “Hamas”. While acknowledging the expressions were crude, prosecutors stated they were within the realm of personal opinion and criticism—especially given the public nature of HYBE and the extensive media coverage of its disputes. The remarks, they concluded, did not lower HYBE’s social standing to the extent necessary to constitute criminal insult.
Under South Korean law, insult is defined as expressing contempt or abstract judgment that harms another's reputation, even without stating specific facts. However, courts generally apply stricter standards for public figures or organizations, considering the context, content, and public interest of the speech.
Legal precedents emphasize that even harsh or exaggerated language used in discussions on matters of public concern—particularly involving political or ideological commentary—can fall within acceptable bounds of free expression. The Constitutional Court and various lower courts have previously ruled that criminal punishment for satire, parody, or criticism may lead to excessive self-censorship and undermine constitutional protections on freedom of speech.
As such, the prosecution concluded that there was insufficient evidence to establish criminal defamation or insult and dismissed the case.
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