Q
I am suffering greatly because of YouTube comments. I heard the headquarters is in the US.. Is it possible to file a YouTube comment criminal complaint?
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I run a YouTube channel and continuously suffer from malicious comments. False content is spread, and personal attacks and insults are repeated, causing major mental stress. The problem is that perpetrator accounts are mostly anonymous and YouTube headquarters is in the US, so I'm not even sure if I can file a complaint domestically. Even when reporting comments, deletion is slow or no action is taken, and they keep changing accounts to comment again. Even in this case, can a YouTube comment complaint or damages claim be filed? If response is possible, what procedure should I start with?
youtube comment criminal complaint
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作者: 고병준
Hello. I am an entertainment specialist attorney at Daeryun Law Firm.
To get straight to the point, malicious posts caused by YouTube comments are also fully eligible for YouTube comment criminal complaints and civil damages claims.
The fact that the platform's headquarters is in the US does not mean that legal response is impossible. Even with YouTube comments, criminal liability may arise in the following cases.
- When social evaluation is damaged by stating facts or false facts
- When abusive language, personal attacks, and other insulting expressions are repeated
- When the same account or multiple accounts are used to continuously post comments creating fear and anxiety
The applicable laws in this case include defamation and insult under the Criminal Act, defamation under the Information and Communications Network Act, and cyberstalking punishment provisions, and malicious comments that reach the level of rights infringement are subject to criminal punishment.
Since YouTube is a platform operated by a US company, in many cases, the writer's identity information is not immediately provided based solely on requests from domestic investigative agencies.
However, after filing a criminal complaint domestically, when necessary in the investigation process, through the pre-litigation evidence discovery procedure in US courts, you can secure information such as email, access IP, and account creation information from the YouTube headquarters.
Criminal procedures are processes for holding the perpetrator criminally responsible, while civil procedures are processes for compensating the victim's damages, so practically, a strategy of pursuing both procedures in parallel is effective.
In actual domestic creator cases, there are many examples where the identity of anonymous YouTubers was confirmed through such procedures, and damages liability was subsequently recognized in domestic courts.
The most important thing in a YouTube comment criminal complaint is not emotional response but securing evidence.
- Capture comments, posts, posting account information, and URLs with date and time visible
- For repeated cases, organize the frequency and pattern of postings
- Record the screen or save the original for posts that may be deleted
Especially when overseas platforms are involved, choosing the wrong procedure can often result in wasted time and money.
Therefore, getting an accurate diagnosis at the initial stage is most important.
If malicious comments are interfering with your daily life and activities, rather than enduring it, please also consider taking legal action to organize the situation.
Our firm provides one-stop response services to client cases through collaboration between entertainment specialist attorneys, US law advisory US attorneys, and the digital forensic center.
In particular, we provide quick assistance for evidence discovery procedures and discovery system response through collaboration with our local US corporation SJKP.
If you need help, please visit the nearest Daeryun branch office for consultation right now.
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