{"id":166,"date":"2010-11-25T13:11:37","date_gmt":"2010-11-25T13:11:37","guid":{"rendered":"http:\/\/minbyun.org\/english\/?p=166"},"modified":"2010-11-25T13:11:37","modified_gmt":"2010-11-25T13:11:37","slug":"urgent-appeal-concerning-prosecution-of-producers-of-pd-notebook","status":"publish","type":"post","link":"https:\/\/www.minbyun.or.kr\/?p=166","title":{"rendered":"Urgent Appeal Concerning Prosecution of Producers of PD Notebook"},"content":{"rendered":"

Urgent Appeal to Special Rapporteur on the promotion and the protection of the right to freedom of opinion and expression<\/strong><\/p>\n

1. Case <\/strong><\/p>\n

: Prosecutors\u2019 indictment of producers of \u2018PD notebook\u2019, the documentary program for an investigative report on mad cow disease and making writer\u2019s personal emails public during investigation<\/p>\n

\u00a02. Background\u00a0 <\/strong><\/p>\n

\u2018PD notebook\u2019, a documentary program of MBC, one of mainstream broadcasting stations, aired an episode of \u2018Is US beef safe from mad cow disease?\u2019 and its sequence on April 29 and May 13 2008. Hereupon, Cheong Wae Dae (the presidential office in South Korea or Blue House) and Ministry for Food, Agriculture, Forestry and Fisheries requested an investigation of \u2018\u2018PD notebook\u2019’ producers on charges of defamation and telecasting distorted and manipulated facts of mad cow disease to the prosecutors. Seoul Central District Prosecutors’ Office allocated \u2018PD notebook\u2019 case to Im Soo-bin, the senior prosecutor of the Criminal Investigation Department. Producers and two writers of \u2018PD notebook\u2019 have refused summons on three previous occasions. On Jan 7 <\/sup>2009, Im Soo-bin, the senior prosecutor of the 2nd Criminal Investigation Department tendered resignation, and then Seoul Central District Prosecutors\u2019 Office reallocated \u2018PD notebook\u2019 case to Cheon Hyun-joon, the senior prosecutor of 6th criminal investigation department. On Mar 3, Chung Woon-chun, former Agriculture Minister indicted six producers of \u2018PD notebook\u2019 on charges of defamation, the prosecutors attempted search and seizure of producers of \u2018PD notebook\u2019 email and phone records. On Mar 25, the prosecutors arrested Lee Chun-keun, a producer of \u2018PD notebook\u2019 and released after two days of questioning. Also the prosecutors attempted to conduct a search and seizure at MBC headquarters, yet were obstructed by union members\u2019 resistance. On Apr 28, prosecutors also detained other producers and writers and then released. On Jun 18, the prosecutors issued indictment on charges of defamation against former Agriculture Minister Chung Woon-chun, and further on charges of disrupting operations of US beef importers and sellers.<\/p>\n

\u00a03. <\/strong>Information about infringement of freedom of expression<\/strong><\/strong><\/p>\n

(1) Invalid indictment of anti-government media<\/p>\n

The prosecutors’ unjust indictment of journalist brought mistrust to Lee administration and their movement cutting off criticism of government policy and gagging media. \u201cIf the prosecutors regard criticism of mass media for the government policies as defamation, neither criticisms of mass media nor roles of mass media were worked properly,\u201d said Kim Hyung-tae, the lawyer for \u2018PD notebook\u2019 producers on a press interview. \u00a0Park Ju-min, a lawyer of MINBYUN \u2013 Lawyers for Democratic Society commented that former minister filed charges of defamation to critical report in order to blockade any sort of opposing opinions to government. Besides, the prosecutors’ main reasons of indictments, charges of defamation and disruption of operation, could raise another criticism. \u201cPD notebook\u2019 program is not aimed at criticizing the government policies but at delivering opinions which are different from that of the government,\u201d said Park Kyung-shin, Korea University Professor, and he also insisted that PD notebook’s report cannot be subject of defamation. Lawyer Min Byung-hoon pointed out the prosecutors’ unjust indictment by mentioning that disrupting operation should prove not only the causal relation between the report and the damage of U.S beef importers but the intention of producers to disrupt business of importers and sellers.<\/p>\n

\u00a0(2) <\/strong>\u00a0<\/strong>Debate over the disp<\/strong>osing the writer<\/strong>\u2019s personal e-mail<\/strong><\/strong><\/p>\n

The prosecutor investigation team made Kim\u2019s personal email public with saying that \u201cWe prove that the accused was evilly disposed when she took part in producing the program, episode of \u2018mad cow disease\u2019.\u201d Hereupon, Kim Eun-hee insisted that \u201cAntipathy or negative opinions against the government shown in my e-mails are about the freedom of thought and the inviolability of privacy which should be guaranteed by the Constitution.\u201d and she indicted five prosecutors who were in charge of the investigation, including Jeong Byeong-du, a senior prosecutor at the Seoul Central District Prosecutor\u2019s Office, for the violation of the privacy and defamation of character. Meanwhile, legal observers pointed out that making Kim`s e-mails public is clearly against the positive law. \u201cDisclosing the e-mails is clearly against \u2018the duty of privacy observance\u2019 in Communication Privacy Act 11th<\/sup> clause,\u201d said Park Ju-min, a lawyer of MINBYUN \u2013 Lawyers for Democratic Society- and he also criticized the practice of the prosecutor violating the freedom of thought. This is also deviated from \u2018the standing rules on Human Rights Protection during Investigation\u2019 established by the prosecutors themselves. \u2018the regulation of Enforcement Ordinance 65th<\/sup> clause\u2019 stipulates the information about the character or privacy of the accused which are not directly related to the suspicion should not be made public.\u201d<\/p>\n

4.<\/strong> Information on the source of the communications<\/strong><\/p>\n

Donghwa LEE
\nInternational Coordinator
\nMINBYUN-Lawyers for a Deomocratic Society
\n5F, Sinjeong B\/D, 1555-3, Seocho-dong, Seocho-gu, Seoul, Republic of Korea, P.O. 137-070
\nTel: 82 2 522 7284\u00a0 Fax: 82 2 522 7285
\nE-mail : m321@chol.com<\/a>
\nHP : http:\/\/minbyun.org<\/a><\/p>\n

<Annex 1><\/p>\n

The Hankyoreh, June 20 2009<\/p>\n

http:\/\/www.hani.co.kr\/arti\/english_edition\/e_national\/361464.html<\/a><\/p>\n

\u2018PD notebook\u2019 indictment generates email search and seizure controversy <\/strong><\/p>\n

Writer files suit against prosecutors for violating Communications Privacy Act, while some legal scholars say prosecutors\u2019 methods suppress freedom of thought<\/p>\n

\u00bb Kim Eun-hee, a writer for MBC \u201c\u2018PD notebook\u2019\u201d documentary program files charges of dereliction of duty and defamation Friday against the prosecutors who disclosed the personal content of her e-mails.<\/p>\n

Objections are growing against the decision of the Public Prosecutor\u2019s Office to disclose the content of three personal e-mails by Kim Eun-hee, age 38 and a writer for the MBC documentary program \u201c\u2018PD notebook\u2019,\u201d in the indictment of five producers and writers for the show Thursday. Some legal observers are commenting that this situation poses an opportunity to remedy law enforcement\u2019s practice of engaging in a search and seizure of e-mails, a practice that has been used haphazardly and without any clear regulation.<\/p>\n

One of the biggest problems legal observers have been pointing to in law enforcement\u2019s practice of e-mail search and seizures is its excessive scope. Currently, investigators can give a portal site the resident registration number of the person under investigation and ask that the site disclose all e-mail content accumulated in the account since the sign-up date. A representative case occurred last year when prosecutors collected seven years worth of e-mails from Jou Kyung-bok during an investigation of possible violations of South Korea\u2019s campaign finance laws during last year\u2019s elections race for the superintendent of the Seoul Metropolitan Office of Education seat.<\/p>\n

\u201cInvestigating bodies normally specify they want 10 percent to 20 percent, and since they do not indicate if they are looking email that has been sent, received or deleted, we have no choice but to turn over everything,\u201d said an employee of Daum Communications who appeared as a witness in Jou\u2019s trial on June 4.<\/p>\n

In a rapidly changing communications environment, e-mail search and seizure has the same effect as after-the-fact eavesdropping, and the problem is that related regulations have not been able to catch up with this reality. \u201cInvestigative bodies consider e-mail search and seizure in the same vein as going to someone\u2019s house or office and taking their mail,\u201d said a senior prosecutor with the Supreme Prosecutor\u2019s Office. \u201cBut there is a different content aspect to today\u2019s e-mail when compared to mail seized in the past, in that it can contain material pertaining to private areas of personal life,\u201d the prosecutor added.<\/p>\n

This view regarding personal information is supported by the fact that e-mail was ultimately responsible for bringing the relationship between Shin Jeong-ah and former presidential aide Byeong Yang-kyoon to light. \u201cJust as law enforcement investigates phone records and text messages on a regular basis, the trend is that e-mail is becoming increasingly significant to investigations,\u201d the senior prosecutor added. Some observers are also commenting that this atmosphere is aided by the courts, which issue warrants to prosecutors for comprehensive email search and seizures without parameters.<\/p>\n

\u00a0Another problem has been noted when the collected e-mail is revealed to outside parties according to the needs of investigators. In their search and seizure of Kim\u2019s e-mails, the team of prosecutors investigating the \u2018PD notebook\u2019 case received message for a period of seven months spanning from January to July 2008. Although this is not an indiscriminate period of time, Kim has said, \u201cProsecutors asked a lot of questions about my private life, and that would be difficult to do unless they have already looked into it.\u201d<\/p>\n

\u00a0Hwang Hui-seok, an attorney with MINBYUN-Lawyers for a Democratic Society, says, \u201cDisclosing e-mails content in itself is a violation of the Communications Privacy Act and as a result, we find ourselves in a difficult situation where prosecutors are breaking the law and we will have to accuse them and ask that they be punished.\u201d<\/p>\n

\u00a0Korea University Professor Park Kyung-shin says, \u201cThey have suppressed freedom of thought by placing information unrelated to the investigation in with the charges.\u201d<\/p>\n

\u00a0Some politicians are joining in the push to resolve this problem. Democratic Party Lawmaker Park Young-sun, who spearheaded an amendment to the Protection of Communication Secrets Act on June 4 requiring investigators who search and seize an individual\u2019s e-mail to notify that person of the fact within 30 days of the investigation\u2019s close, announced that when the June extraordinary session of the National Assembly meets, she plans to push for an amendment to the Criminal Procedure Law stating that investigators must specify a time period when applying for a search and seizure warrant for e-mails.<\/p>\n

\u00a0Meanwhile, Kim Eun-hee filed charges of dereliction of duty and defamation Friday against the prosecutors who disclosed the content of her e-mails. The charges are against Jeong Byeong-du, a senior prosecutor at the Seoul Central District Prosecutor\u2019s Office; Jeon Hyeon-jun, head of the office\u2019s Second Detective Division; and prosecutors Park Gil-bae, Kim Gyeong-su and Song Gyeong-ho. She also filed charges against Chosun Ilbo president Bang Sang-hoon for defaming her character in an editorial entitled \u201c\u2018PD notebook\u2019 Writer, Fanatical with Hostility towards Lee Myung-bak.\u201d<\/p>\n

\u00a0Please direct questions or comments to [englishhani@hani.co.kr]<\/p>\n

\u00a0<Annex 2><\/p>\n

The Hankyoreh, June 19 2009<\/p>\n

http:\/\/english.hani.co.kr\/arti\/english_edition\/e_national\/361298.html<\/a><\/p>\n

\u00a0Prosecutors indict producers of \u2018PD notebook\u2019 on charges of defamation <\/strong><\/p>\n

\u00a0Popular protest calls public prosecutors\u2019 investigations another government attempt to gag the media<\/p>\n

\u00a0\u00bb Jeong Byeong-du, a vice chief of Seoul Central District Prosecutor\u2019s Office announces the indictment of producers and writers associated with \u2018PD notebook\u2019\u2019s investigative episode on mad cow disease at their office located in Seoul\u2019s Seocho district, June 18.<\/p>\n

Public prosecutors investigating MBC \u201c\u2018PD notebook\u2019\u201d documentary program producers and writers for an investigative report on mad cow disease aired on April 29, 2008 were issued an indictment without detention Thursday. In addition to charges of defamation against former Agriculture Minister Chung Woon-chun, prosecutors are also pressing charges of disrupting the operations of U.S. beef importers, which has led to an outpouring of criticism against what is being called an excessive investigation.<\/p>\n

\u00a0The Sixth Criminal Division of the Supreme Prosecutors\u2019 Office (SPO), headed by Jeon Hyeon-jun, booked \u2018PD notebook\u2019 senior producer Cho Neung-hee, age 48, producers Song Il-jun, age 51, Kim Bo-seul, age 32, Lee Chun-geun, age 33, and writer Kim Eun-hee, 38 without detention on charges of defamation and disruption of operations. The producers served on the \u2018PD notebook\u2019 production staff in 2008 when the program in question was broadcast.<\/p>\n

\u00a0\u201cThe \u2018PD notebook\u2019 producers exaggerated the dangers of mad cow disease from downer cows and presented the false information that Aretha Vinson died of the human form of mad cow disease after eating U.S. beef,\u201d the prosecutors said. They also stated that the producers defamed the character of Minister Chung and Min Dong-seok, 57, then Deputy Minister of Agricultural Trade Policy for the Agriculture Ministry, by \u201cdistorting and exaggerating basic facts directly linked with the dangers of mad cow disease from U.S. beef.\u201d Prosecutors added the episode\u2019s comparison of the ministers to \u201cpro-Japanese traitors\u201d also represented defamation.<\/p>\n

\u00a0Jeong Byeong-du, the SPO senior prosecutor who directed the investigation, said that errors in the reporting \u201cwere not deemed to be trivial mistakes, but the result of a malicious intent or a blatant lack of fairness.\u201d Prosecutors also disclosed content from e-mail written by Kim, claiming that producers distorted the broadcast based on internal political motives. Prosecutors also applied charges of disruption of operations, stating that the \u2018PD notebook\u2019 report led to damages of over 10 billion won in losses in participating stores and sales contracts for importers and sellers of U.S. beef.<\/p>\n

\u00a0Following the indictment, MINBYUN-Lawyers for a Democratic Society released a statement in which they said, \u201cThe public prosecutors, who should be the guardians of human rights, democracy and the public good, are blindly following the government like marionettes.\u201d<\/p>\n

\u00a0The National Union of Mediaworkers President Choi Sang-jae said, \u201cAs seen with the investigation into the press consumerism advertiser boycott, the investigation of the Minerva case, and so on, this \u2018\u2018PD notebook\u2019 indictment\u2019 also shows that the prosecutors have thoroughly become the ladies-in-waiting for the powers that be.\u201d Choi added, \u201cBy gagging media outlets that oppose the prosecutors and administration, they are suppressing press freedoms and leading to self-censorship among journalists.\u201d<\/p>\n

\u00a0Some 100 law professors from all over the country have made plans to issue a statement urging the prosecutors\u2019 cessation of activities destructive to democracy on Friday with direct reference to the investigations of \u2018PD notebook\u2019 and the Korea Press Consumerism Organization\u2019s advertiser boycott campaign. In the statement, they plan to say, \u201cExpression of opinions critical of the government are being targeted for investigation because they receive popular support.\u201d They will also declare, \u201cThe prosecutors\u2019 stubborn attempts to suppress critics of the administration are merely dressed up in legal packaging and are no different from the actions of investigative bodies during the military dictatorship.\u201d<\/p>\n

\u00a0Meanwhile, Cheong Wa Dae (the presidential office in South Korea or Blue House) Spokesperson Lee Dong-kwan says the prosecutors\u2019 investigation \u201crevealed without question that the \u2018\u2018PD notebook\u2019\u2019 broadcast on mad cow disease was on the whole distorted and manipulated.\u201d Lee added, \u201cIt is shocking, and I cannot contain my dismay.\u201d<\/p>\n

\u00a0Please direct questions or comments to [englishhani@hani.co.kr]<\/p>\n","protected":false},"excerpt":{"rendered":"

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