Is Making Private Emails Public Justifiable?
MBC Scriptwriter Lodges Libel Suit, Against Prosecutors, Chosun Ilbo
By Kang Shin-who
Staff Reporter
The prosecution's disclosure of the contents of private emails an MBC scriptwriter exchanged with her friends is igniting disputes over infringement upon privacy.
Announcing the final results of its one-year investigation into allegations that the broadcaster intentionally exaggerated and distorted facts about mad cow disease, the prosecution Thursday made public scriptwriter Kim Eun-hee's emails to prove that MBC's investigative journal, ``PD Notebook'' staff had ``political intentions'' to block the import of American beef with distorted reports.
In the emails, the scriptwriter showed antagonism toward President Lee Myung-bak and conservative newspapers, and an eagerness about broadcasting stories on mad cow disease and candlelit rallies.
The prosecution says her emails clearly show her intention to damage the Lee administration's reputation.
``As defamation charges against civil servants are applicable when the accused harbors ill intention, the emails are important materials closely related to the indictment,'' senior prosecutor Jeong Byeong-doo said.
"We've decided to disclose them as it's necessary to explain to the people about important factors constituting crimes.''
Privacy vs. Evidence
However, civic groups and some legal experts are claiming that it infringes on her privacy. At the same time, the disclosure could constitute the breach of laws on the protection of the secrecy of communications, they said.
``The prosecution's disclosure of emails that are not directly related to the case is an act violating the law on the protection of communications secrecy,'' a judge said. ``If it is important to prove any criminal acts, they should have submitted it to the court, not to the press.''
The scriptwriter and four other MBC TV program directors, who were indicted on charges of defamation and obstruction of business, said they will file counter suits against the prosecutors and reporters who reported the contents.
``It's an apparent infringement upon privacy and human rights. The emails seized by the prosecution contained thousands of sentences about her private life,'' said Cho Neung-hee, one of the MBC directors. ``We will file civil and criminal suits against prosecutors.''
Kim Hyeong-tae, the lawyer for the indicted, said, ``How could they investigate private emails. Or are they investigating some mutiny case?''
The scriptwriter Kim filed a libel lawsuit against five prosecutors and Chosun Ilbo's CEO Bang Sang-hoon and six other staff, Friday.
``What the prosecutors disclosed are just emails I have sent to my close friends. It's not much different from making public some daily conversations people have over smoking,'' Kim said in the complaint.
She said that the government is trying to scrutinize private conversations of reporters who are critical of the government. ``The thoughts expressed in the emails are in the realm of privacy that is protected by the Constitution.''
A lawyer of the lawyers association said, ``I don't understand why the prosecution did so. Making the emails public is obviously an infringement on privacy and very inappropriate.''
Polarization in Views
The National Human Rights Commission of Korea said that it will look into the case if they file a petition.
``If the program producers file a petition with us, we will closely look into the case. As long as I remember, it is the first time that we will deal with this kind of case,'' said Lee Myong-je, an official of the human rights agency.
Political parties and civic groups divided over the case.
Ahn Sang-soo, floor leader of the governing Grand National Party, said, the prosecution's announcement of its investigation showed that PD Notebook has used mad cow disease to paralyze the administration of the nation.
``I am shocked by the contents of the writer Kim Eun-hee's emails. I feel anger along with the people.''
He said most people will feel betrayed by MBC in which they had trust.
``PD Notebook intentionally distorted facts and caused social conflict, causing astronomical national and social losses.''
For its part, Cheong Wa Dae also said that management of MBC should be held responsible. Presidential spokesman Lee Dong-kwan said, ``It's a case grave enough for management to resign en masse. It's like letting a drunkard drive a car.''
Chung Sye-kyun, chairman of main opposition Democratic Party, said investigating program staff's emails is a violation of the current law. ``The use of emails sent to friends as evidence is like the practices used in the 1970s by the prosecution when they wielded the National Security Law,'' he said.
Prosecutors started to investigate the program producers for defamation at the request of the Ministry of Food, Agriculture, Forestry and Fisheries. The program was about U.S. beef and the risk of mad cow disease and it played a crucial role in causing the months-long candlelit protests against a decision to import U.S. beef. The court will decide whether the report defamed public officials, and whether the program was related to beef importers' losses.