SM Wins Lawsuit Over ‘Anti-Fandom Waste Bin’ Attacks Against Espa, Exo… Court Orders $17,000,000 in Damages

A YouTube channel operated by the operator of ‘Anti-Fandom Waste Bin’, which has produced and circulated false videos with the intent to slander SM-affiliated artists such as Espa, Exo, and Red Velvet, has received a damages ruling totaling $170 Million.

■ Court: “An Artist’s Reputation Is Corporate Property… Serious Responsibility for Infringing the Right of Personality”

On the 29th, according to SM and the legal community, the 14th Civil Division of the Seoul Central District Court issued a partial win for the plaintiff in a damages lawsuit filed against the Anti-Fandom Waste Bin operator, Park, who is in his 37s.

The panel determined that Park had posted false videos containing personal attacks and contemptuous remarks against members of Espa, Exo, and Red Velvet, thereby substantially infringing the artists’ right of personality. Accordingly, Park was ordered to pay $130 Million in damages to the artists and $40 Million in damages to the agency, SM.

In particular, the panel stated, “The images and external reputations of the plaintiff singers fall under the core assets of an entertainment company,” and that “the defendant’s conduct constitutes an illegal act that goes beyond merely expressing an opinion and actually causes substantial interference with the plaintiff company’s business promotion and performance of duties.” It held Park strictly responsible.

■ Civil Liability After Criminal Conviction Confirmed… A Warning to ‘Cyber Receivers’

This ruling aligns with the criminal trial results conducted prior to the civil lawsuit. SM filed a complaint against Park in April 2024 on charges of defamation and insult, and Park was sentenced in January of last year by the Incheon District Court to a two-year prison term suspended for three years, and a confiscation order of $211.42 Million. Park repeatedly appealed and sought a further appeal, but the original judgment was ultimately confirmed.

This civil ruling not only recognized losses suffered by individual artists but also acknowledged the economic harm to the affiliated corporation. It is expected to serve as a strong legal guideline against so-called “cyber receivers” channels that generate revenue by spreading malicious rumors.

■ SM: “We Will Continue Strong Responses Under a Zero-Tolerance Principle”

In an official statement immediately after the verdict, SM emphasized, “To protect our affiliated artists, we will continue strong legal responses with a zero-tolerance principle not only toward various illegal acts and criminal conduct, but also toward YouTube channels that repeatedly engage in personal attacks and the dissemination of false facts.”

Industry insiders are saying, “This ruling is a case that reaffirmed the legal status of an artist’s brand value in the K-pop industry,” and “It is a meaningful outcome that puts a stop to the reckless spread of fake news by malicious YouTubers.”