Don't bother trying to uncover the true identity

Article published: November 15, 2023

Original source: https://m.entertain.naver.com/article/032/0003261402

English translation: plaveintl

Could there be legal repercussions for disclosing personal details of virtual idols?

When you type "PLAVE" into the search bar on the portal site, the related search term "real identity" appears. PLAVE is a virtual idol group that operates with "virtual characters." These characters have animated-like images, but behind those images, there are actual humans (real identities). Virtual idols engage in activities using their characters without revealing their real identities.

After debuting in March, PLAVE gained attention by surpassing 200,000 copies in initial album sales within five months and solidifying a strong fan base. As their popularity increased, so did the curiosity about the "real person behind the character." There is a growing number of people expressing interest in revealing the identity through posts on internet communities, blogs, and social media. However, upon closer inspection, many of these posts turn out to be either "clickbait" or feature pictures of individuals whose authenticity cannot be verified.

Will there be damages for revealing the real identity?

Is there any legal issue in disclosing the personal information of an artist who is active as a "virtual character" online?

In June, VLAST posted an official notice on the fancafe, stating their intention to take legal action in case of any infringement on PLAVE's rights. According to the announcement, revealing the real identity of PLAVE members would lead to legal action from the agency. VLAST emphasized that the disclosure of personal information of PLAVE, who is active as a virtual idol, directly affects their activities and cannot be overlooked. They requested fans to report any related posts they come across.

As of now, there haven't been any lawsuits related to virtual idols in the country. The interpretation of whether disclosing the real identity falls under the violation stated by the agency is likely to vary.

Attorney Kang Ae-ri (Y&Min Law), who successfully defended singer Cho Young-nam in the "Artwork Scandal," stated, "Constitution Article 17 protects the secrecy of private life, including the right not to have personal characteristics, such as portraits or names, exploited for commercial purposes against one's will.

She added, "If personal information is disclosed against the members' wishes and exploited for profit, it seems possible to file a claim for damages under civil law for an illegal act."

However, regarding the Unfair Competition Prevention Act, she mentioned, "Revealing the real identity is not necessarily an infringement of trade secrets under this law." She explained, "This law considers it a violation when someone obligated to maintain trade secrets breaches that duty." For instance, if a company employee who signed a confidentiality agreement or someone who illicitly obtained members' personal information disseminates it, it could be considered a breach of trade secrets. Otherwise, it may not be easily deemed a legal violation. The proof of damages, such as a decrease in the company's revenue due to the real identity disclosure, would likely need to be demonstrated through financial statements.

The reason the agency is actively considering legal action is because of the fandom. VLAST emphasizes that the primary goal is to protect the fandom, stating, "The biggest purpose is to protect the fandom with the message 'Don't be curious about the real identity, just enjoy.'" 

They added, "If the entire fandom that loves PLAVE were to request the disclosure of personal information, it might be worth considering. However, currently, operating as a third-party intellectual property (IP) is a mutual agreement among the fandom, the company, and the members. Therefore, taking action to protect this is the priority."

Reportedly, there have been hundreds of cases related to the disclosure of personal information received through monitoring and tips until now. A VLAST representative mentioned, "While there is no precedent in the country, we are aware of related cases in Japan, where the virtual market is more mature than ours," and added, "We have recently established an internal legal team, and we plan to take legal action as soon as possible."