I am struggling greatly because of YouTube comments. I heard that its headquarters is in the United States.. Is it possible to file a criminal complaint over YouTube comments?

Hello. This is an entertainment attorney at Daeryun Law LLC.

To begin with the answer, malicious posts made through YouTube comments can also fully be the subject of a criminal complaint over YouTube comments and a civil claim for damages.

Legal action is by no means impossible merely because the platform’s headquarters is in the United States. Even in the case of YouTube comments, a crime may be established in the following situations.

-Where a person has damaged another’s social reputation by stating facts or false facts

-Where insulting expressions, such as abusive language and personal attacks, have been repeated

-Where a person has continuously posted comments using the same account or multiple accounts, thereby creating fear and anxiety

The laws that may apply in such cases include the offense of defamation and the offense of insult under the Criminal Act, defamation under the Network Act (Information and Communications Network Act), and provisions punishing cyberstalking, and malicious comments that rise to the level of an infringement of rights become subject to criminal punishment.

Because YouTube is a platform operated by a U.S. company, in many cases the author’s identity information is not immediately provided upon the request of a domestic investigative agency alone.

However, after a criminal complaint is filed domestically, where necessary during the investigation, a pre-litigation discovery procedure through a U.S. court can be used to obtain the email addresses, access IP addresses, and account creation information from YouTube’s headquarters.

Criminal proceedings are a process for holding the perpetrator accountable for the crime, while civil proceedings are a process through which the victim is compensated for losses, so in practice a strategy of pursuing both proceedings in parallel is effective.

In fact, there are numerous cases involving domestic creators in which the identity of an anonymous YouTuber was confirmed through such procedures, after which liability for damages was recognized in a domestic court.

In a criminal complaint over YouTube comments, the most important thing is not an emotional response but the securing of evidence.

-Capture the comments, posts, author account information, and URLs so that the date and time are visible

-Where the conduct is repeated, organize the frequency and pattern of the postings

-For posts that may be deleted, record the screen or save the originals

In particular, where an overseas platform is involved, choosing the wrong procedure can, in not a few cases, result in wasting only time and money.

Therefore, obtaining an accurate assessment at the early stage is more important than anything else.

If malicious comments are disrupting your daily life and activities, we recommend that you fully consider the option of resolving the situation through legal action rather than simply enduring it.

Our firm provides a one-stop response service for clients’ cases through collaboration among entertainment attorneys, foreign attorneys advising on U.S. law (United States), and a digital forensics center.

In particular, we collaborate with our local U.S. entity, SJKP, to provide prompt assistance in responding to evidence disclosure procedures and the discovery system.

If you need assistance, you may wish to visit a nearby Daeryun branch office for a consultation.