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Q

What evidence should I collect to file an obscenity via communication media complaint?

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I'm a YouTuber with 100,000 subscribers. My YouTube channel has become more popular recently, and various people are watching and commenting on my videos. At the same time, more people are leaving ridiculous malicious comments with personal attacks, family insults, false rumors, etc. I want to proceed with a YouTube comment complaint — please tell me about evidence collection methods. It would be appreciated if a Cheonan attorney could reply.

obscenity via communication media complaint

A

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The situation you described may constitute an obscene act using communication media, namely the crime of obscenity via communication media, and a complaint can be filed under the "Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes."


The crime of obscenity via communication media refers to the act of transmitting words, writings, photos, videos, etc. that cause sexual shame or disgust to the other party through communication means such as phone, messages, SNS, or email, in order to stimulate or satisfy one's own or another's sexual desire.

Therefore, even if there is no actual sexual harm or physical contact, an obscenity via communication media complaint can be filed simply based on the transmission of obscene messages or photos/videos for sexual purposes.


When filing a complaint, it is very important to secure specific evidence such as messages sent by the other party, call records, chat capture screens, and copies of obscene materials transmitted.

When evidence is clearly secured and the obscenity charge is recognized, the perpetrator may be subject to imprisonment of up to 2 years or a fine of up to 20 million won (Article 13 of the Sexual Violence Punishment Act).


In this process, evidence collection, preparation of the complaint, and submission procedures can be carried out more safely and accurately with the help of an experienced attorney.


Since prompt reporting and systematic response are key to preventing harm in obscenity via communication media complaints, it is recommended to proceed with the assistance of an expert.

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