“PD Notebook”
Facing Legal Action
On April 29th the MBC program PD수첩, which goes by various
English names including “PD Notebook” and “PD Diary” (the PD stands for
“producer”), broadcast a story falsely claiming that an American woman had died
from eating beef infected with mad cow disease. They took a statement from the
woman’s mother and deliberately mistranslated it — something we have seen at
other times in the beef brouhaha. The Chosun Ilbo enjoyed raking them over the
coals in English and in Korean. And the Ministry of Agriculture and Fisheries is
now saying it will take legal action against MBC.
The Ministry of
Agriculture and Fisheries has requested the Supreme Public Prosecutor’s Office
(대검찰청) to open a slander investigation of the producers of the MC program “PD
Notebook”.
The Ministry
announced this in a press release on the 20th, following its judgment that an
April 29th broadcast of “PD Notebook” was distorted and exaggerated and that it
was one of the main causes of the current conflicted situation.
The Ministry had
already announced it would seek legal action in an official note released on the
17th.
Explaining the
reasons for this action the Ministry said, “a clear judgment on the truth or
falsehood of the report must be made in the public sphere.”
According to the
press release the Ministry believes that producers of the episode, titled “긴급취재!
미국산 쇠고기, 광우병에서 안전한가?”, distorted the facts through intentional mistranslation of
English as well as selective editing, based it on only unsupported hypotheses
and one-sided assertions, and used only that scientific evidence which supported
them. Because of this, the Ministry explained, viewers came to believe that
American beef and mad cow disease were frightful.
There was
powerful criticism of the program. “The entire program failed to accurately
reflect the Ministry’s investigations of the safety level of American beef.
Confidence in the government has been fatally damaged by disparagement of its
efforts to ensure the safety of food products from the United States and the
cabinet ministers and others who negotiated the agreement have been directly
slandered.”
The main points
that the Ministry wishes to have investigated are: intentionally distorted
reports about the death from Creutzfeldt-Jakob Disease of Aretha Vinson, an
American woman; intentionally distorted reports claiming that “downer cows” in a
film had mad cow disease; false reports that mad cow disease could be contracted
from ramen soup, medicine, and cosmetics; and reports accusing the Ministry of
not understanding the situation in the United States and then, after learning
about it, covering up the facts in order to aid the importation
process.
This does make me
a little uncomfortable — as much as MBC is clearly at fault here, I don’t think
it’s ok for the government to go after the press like this. I wouldn’t want to
see my government going after 9/11 truthers, let alone any serious dissenters
like say, Physicians for Human Rights. Anyway, here is the Chosun’s first
Korean-language report debunking the program’s claims with data from the
American Centers for Disease Control.
Update:
Prosecutors in Seoul have officially opened their investigation.
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25 Responses to
““PD Notebook” Facing Legal Action”
Anonymous Says:
June 21st, 2008
at 12:59 pm
I dont know, if a hagwon can sue a former teacher for slander
for posting negative, but true, experiences on an internet bulletin board
because it falls under the Korean slander law that protects business — then why
cant the government sue a news organization for false reports? i would say that
numerous businesses and Korean trade has been hurt by the furor raised over the
intentionally misleading statements made by MBC. A professional news
organization should be held accountable to present a true representation, well,
at least verify the facts of the story, before releasing it to the
public.
Korea Beat Says:
June 21st, 2008
at 1:51 pm
Yes, but MBC has been held accountable by other media like the
Chosun Ilbo. Seeing the legal system punish press that it doesn’t like makes me
queasy. President Roh went after the conservative media with selective audits
and other tactics. Now President Lee is going after the liberal media. This is
something you don’t see much of in other free countries.
Anonymous Says:
June 21st, 2008
at 3:20 pm
True, other news organizations have spoken out about the reports
and, yes, other free countries have much more liberal speech laws. However, I
was only pointing out that, in Korea, if a lowly teacher can be sued for
speaking freely on a public forum — then why can’t a news organization be sued
under the same laws for intentionally spreading false information that directly
affects the trade relationships of the country and its businesses? Don’t you
think a professional information service should be held to a higher standard
than an insignificant comment made by an individual that has more
truth?
Max Watson Says:
June 21st, 2008
at 3:29 pm
Huh? Did Korea Beat drink the kool aide?
MBC deserves to
be punished for that crap they aired on PD Box because it was the impetus behind
the nationwide protests, protests that were based on misconceptions and
lies.
Korea Beat Says:
June 21st, 2008
at 3:35 pm
I don’t think it’s fair to say I’m drinking anyone’s Kool Aid
just because I don’t think it’s the government’s job to decide which news
organizations are doing a good job and which aren’t. That’s a recipe for
disaster. I fully recognize that a lot of the beef protests began out of people
being badly misinformed. But the government is also responsible for being caught
flatfooted and not putting the truth out sooner and more effectively and now it
wants to make up for that by sending people to jail, which would be a disturbing
precedent.
Korean
broadcaster to face criminal charges over lies that led to US Beef fiasco. «
외국인의 관측 Says:
June 21st, 2008
at 3:48 pm
[...] So, they have misled the public and manipulated public
opinion by using poor journalism, and now they are having to pay the price for
that. Korea Beat have posted an article about this, and I am not sure if I agree
100% with their position … [...]
jaime Says:
June 21st, 2008
at 4:04 pm
im afraid i still don’t understand Korea Beat. from what i
understand, the government informed, but the people refused to listen(?). the
people only listened to reports that only supported their stance, resulting to
the sensationalized and false news reports by MBC.
please correct me
if i am wrong.
Steelhorse Says:
June 21st, 2008
at 7:32 pm
Hey Korea Beat,
Many thanks for
your efforts at translating these articles. I do appreciate the quick
updates.
That said, I must
say I disagree with your stance. MBC is a ‘professional’ news organization. It
takes a conscious effort to mistranslate quotes that only support one’s position
and also doctor reports in the same way. The producers and so-called
‘journalists’ at MBC deliberately misled the public. They should be prosecuted
to the full extent of the law, and since the object of their slander is a
government ministry, the government has every right, actually a duty, to slap
them down!
At the very
least, MBC should have to issue a very public apology. It would be nice to see
them pay a hefty fine also. Too much of this type of laziness and shoddy
reporting goes on in Korea. If no one is made an example of, it will just
continue.
And just to
clarify, what did you mean by “I don’t think it’s ok for the government to go
after the press like this. I wouldn’t want to see my government going after 9/11
truthers…”
Please, please
don’t tell me you are one of those nuts who actually think the U.S. government
was behind the 9/11 attacks. Not only is that an insult to the people who died,
it’s extremely stupid. Anyone who has ever had any dealings with the American
government would quickly realize that such a ’stunt’ is far beyond the ability
of those same government officials. And to keep such a thing secret? C’mon,
haven’t you heard of a little thing called ‘Watergate’? How about the
Iran-contra scandal? Surely you know about the stained blue dress? Please,
please tell me you are not so naive.
In addition,
those 9/11 liars are not the mainstream press. The government doesn’t ‘go after’
them because most rational people don’t take them seriously. It would be a
different story, and rightfully so, if CNN, ABC or some other network started
spreading such bullshite.
In this case, MBC
IS the mainstream press, and they should be taken to task.
Korea Beat Says:
June 21st, 2008
at 8:22 pm
Of course I don’t believe in the 9/11 truthers, it was one
example chosen because those people also slander government officials. You could
substitute, say, Keith Olbermann, who regularly says nasty things about
President Bush and other prominent Republicans and awards his “Worst Person in
the World” prizes. Or like I said above, Physicians for Human Rights — I bet the
President doesn’t like having people say he’s a liar on the issue of torture,
but he’s not going to start a legal case against them.
So what if MBC is
the mainstream press? Do you think Dan Rather should have gone to prison over
the fabricated National Guard documents? As you may know, truth is not a defense
to slander and libel in South Korea so this is potentially a road without
end.
Also, out of the
Ministry’s four complaints, only the last one could conceivably constitute
slander, and frankly, all they have for that one is “they said we screwed up,
waaaah!” Mistranslations and the other stuff don’t constitute slander of the
government. If misleading the public is against the law, plenty of politicians
might want to get good lawyers on retainer.
Fencerider Says:
June 21st, 2008
at 8:56 pm
There is a big difference here between the 9/11 truthers and PD
Diary in that there have been specific quantifiable damages that resulted in the
libel perpetrated by PD. Also, the 9/11 conspirisists are not taken seriously by
the majority of Americans but PD Diary is the equivalent of CBS (?) 60 Minutes
in the minds of Koreans. They trust it and they betrayed that trust with
jingoistic reporting and blatant lies. I’m sure American journalists could be
held accountable under U.S. libel laws if they reported something that had such
wide reaching social and economic ramifications.
That said, all I can say
about the plan to file suit: “Hallelujah!!” I just hope the Supreme Court (where
this will undoubtedly be decided eventuatlly) has the balls to take a stand and
it doesn’t just get settled with some agreement to “do better next time.” They
need to be held accountable or THAT is a never ending cycle.
budthespud Says:
June 21st, 2008
at 9:39 pm
I am really uncomfortable with the idea of the government
punishing the media. There are other methods which would be more appropriate to
counteract the misinformation put out by MBC and PD Notebook, but I think by
seeking to directly attack them, the government is proving the worst fears of
the people.
In seeking to
punish them, they are really just promoting censorship. It’s really not a good
thing when the government starts to censor the media, pisspoor reporting or
not.
Anonymous Says:
June 21st, 2008
at 9:46 pm
so let me get this straight, it should be free speech for the
media and libel suits for individuals who express an opinion?
Korea Beat Says:
June 21st, 2008
at 10:17 pm
If an individual OR a news organization publishes information
intended to harm an individual’s reputation, then they pay the legal
consequences. The harmed individual pursues the case with the government as an
unbiased judge.
Obviously if the
government does this, it now gets to judge the merits of its own case. Besides
that, I doubt the government’s case has a firm legal theory holding it up, and I
suspect that those cheering this action just want to see people they don’t like
get hammered without giving thought to what it would lead to when someone they
don’t approve of is wielding that hammer.
MigukNamja Says:
June 22nd, 2008
at 9:11 am
KoreaBeat,
Using lies and
fabricated events, MBC used their access to the public media to intentionally
deceive the public. If any news organization were to do that in the U.S., you
bet your ass they would be sued as well.
There is a big
difference between using facts to support your opinions and making up facts that
are contrary to the actual truth to support your opinions.
With that said, I
think this is actually more about pinning the full blame on MBC rather than
sharing the blame between MBC and the part of the Korean populace that wanted to
believe the lies, even after they were revealed to be lies weeks ago. This is a
political move, but not so much about slapping down the left-leaning media as it
is letting the Korean public off the hook.
Korea Beat Says:
June 22nd, 2008
at 9:56 am
Look, I know perfectly well that MBC intentionally lied. What I’m
saying is
a) I doubt their
behavior reaches the legal threshold for slander, because as far as I know they
never said anything slanderous about a specific person.
b) That being the
case, the government has no legal foundation for its action and is essentially
just trying to punish people for doing something it doesn’t like. Just because
they are on my side of this issue doesn’t mean they will be on my side of
another issue tomorrow, and like budthespud says, that’s getting close to
censorship.
the clam Says:
June 22nd, 2008
at 10:16 am
The best way to combat this type of reporting is not government
interference. That will only fuel public anger. Other media outlets need to
seize this opportunity and report excessively on all the faux-news MBC produces
daily. It would open the market, create higher quality news and give the jokers
at MBC a little competition.
The government
should cautiously issue public statements decrying the slanderous news network
and then stay away from this issue.
cjlatina Says:
June 22nd, 2008
at 12:26 pm
DAMN! Why is Korea beat being thrown under the bus for his
opinion?
I can see each
sides point:
Korea Beat’s not
wanting any gov’n to have any say on what can or can not be said to the public
through the media.
and the others’
point of view that mainstream media are at a higher standard than other media
agencies, and should not abuse their power and spread false
information.
I think what
should happen is that MBC should have to release a statement specifically
telling the public what things they falsified in detail (to stop the misleading
infor for spreading any farther they put out), and pay some kind of
fine.
Because if you hit them in pockets they would definitely not do it
anymore (hopefully).
But definitely
not a law suit from the gov’n because that will only cause the gov’n to open the
door for themselves to go after any media agencies that they feel are not
spreading the messages they want out there. If they can do it to the big fishes
they will definitely do it to small fishes (bloggers).
HELLO, SLIPPERY
SLOPE PEOPLE!
Steelhorse Says:
June 22nd, 2008
at 7:50 pm
DAMN x2!
It seems you
really opened a can of worms on this thread, Korea Beat! Nice, lively
discussion. It does seem like a lot of people are taking issue with you on this
stance.
Thanks for
clarifying your point above (#9). Sorry if I was bit harsh, but I had a friend
who actually started to buy into that nonsense when it first started showing up
on the interet. It was hard being patient with him.
I do understand
the point you and cjlatina are making–it’s dangerous when the government goes
after the media, especially in a young democracy like Korea. However, MBC has no
excuse for what they did. I think there should be some kind of fine system to go
after yellow journalism (no racist pun intended) in Korea, but the only
organization that could manage that is the government.
By the way I
don’t Keith Olbermann deliberately misquotes others or makes facts up. You can’t
compare him to what MBC did.
As far as Dan
Rather goes, this from Wikipedia: “Following an investigation commissioned by
CBS,[16][17][18] CBS fired story producer Mary Mapes and asked three other
producers connected with the story to resign. Many believe Rather’s retirement
was hastened by this incident.”
I’m not holding
my breath, but it would be nice to see something like this happen to the PD’s
and others responsible at MBC. But let’s be real: it won’t happen. That’s why
there needs to be some sort of agency established to hold these idiots to a
certain standard. They obviously aren’t going to do it themselves. Yes, it is
dangerous if the goverment is that agency. But something needs to be done before
the Korean media digs itself into a hole it can’t get out of. How long is the
Korean public going to trust their national media if they keep doing crap like
this?
Anyway, thanks
again for your interesting blog.
MigukNamja Says:
June 22nd, 2008
at 9:24 pm
Re: #15
Korea
Beat,
You do have some
valid points, yes. Also, I don’t know enough of the Korean legal system to know
whether MBC clearly broke the law or not. Hence, I don’t know where the line is
between censorship and criminal prosecution.
Can anyone shed
some light on this distinction ?
MigukNamja Says:
June 22nd, 2008
at 9:29 pm
Re: #18
“How long is the
Korean public going to trust their national media if they keep doing crap like
this?”
Charlene
Shiherlis: What else are you selling?
Sgt. Drucker: All kinds of shit. But I
don’t have to sell this and you know it, ’cause this kind of shit here sells
itself.
Heat, 1995
http://www.imdb.com/title/tt0113277/quotes
Substitute
knee-jerk Korean left for Charlene and MBC for Drucker. In other words, the
Korean public was all too willing to believe this particular lie.
Unfortunately,
it’s difficult to fire or even sue anyone in particular from the Korean general
population. So, that’s why the focus of retribution is on MBC. They are at least
an identifiable target that is capable of modified behavior through negative
feedback (pain via punishment).
Baltimoron Says:
June 23rd, 2008
at 8:39 pm
#18 and #19 (hey, nice moniker!) raise an issue: how can the
government punish MBC for PD Notebook’s broadcast, if it didn’t break the law?
Or, if the current law is too draconian and unconscionable, would any South
Korean want the government to punish MBC? Asking for a new regulatory agency, or
just passing a fairer media law doesn’t condone punishing MBC now. The
government is on shaky ground if it punishes MBC now. It’s a wiser course to
reform, and then with this example and others as proof, prosecute MBC if it even
looks cross-eyed at the line between public service and demagoguery.
I’m very
concerned about the rise of frustrated feelings in response to the orgy of
excessive partisan pique on Seoul’s streets. After all, US President Adams
rammed home the Alien and Sedition Acts and President Jefferson overreached with
the Embargo Act. Patience! The Americans and British were still saber-rattling
until the 1840s! At this rate we’ll all kill ourselves from bitching long before
all the fight has left the scene.
slim Says:
June 23rd, 2008
at 8:44 pm
MBC is partly government-funded. Perhaps the network could simply
be defunded, full-stop.
Baltimoron Says:
June 23rd, 2008
at 9:11 pm
#22:
Sweet!
But, just until
they retract the story and allow netizens to egg them in public!
Gillian57 Says:
June 26th, 2008
at 5:52 am
I am going to have to side with Korea Beat on this one. For the
government to sue is too much like media control. And besides, if the majority
of the Korean people didn’t WANT to believe the worse about the US, they
wouldn’t have. (I believe that was said in an earlier post, but deserves to be
repeated.)
Honestly, what
“Harm” has been done? The protests have pretty much put the final nail in the
KORUS FTA, it has propelled the US troops one step closer to leaving, both
things IMHO are good. Until the US pulls its troops out, the US is going to be
used as a destablizing agent for the anti-American crowd. It is time for the
Yanks to leave, not only their troops, but also their unbalanced and unfair
trade.
Time for Korea to
sink or swim, without the assistance of the
US.
Charlene Shiherlis: What else are you selling?
Sgt. Drucker: All kinds of shit. But I don't have to sell this and you know it, 'cause this kind of shit here sells itself.
Heat, 1995
http://www.imdb.com/title/tt0113277/quotes
Substitute knee-jerk Korean left for Charlene and MBC for Drucker.
Posted by:MigukNamja | June 21, 2008 at 07:56 PM
Like you, I am not a fan of MBC or "PD Notebook" (or even free speech--at least in the context of a country like Korea), but, as you noted, the program did expose Dr. Hwang. That certainly took courage, and I think it ought to balance out, and even blot out, the blatant misreporting here.
Posted by:Won Joon Choe | June 25, 2008 at 07:17 AM
Check out this link (It's in Korean, but written by US citizen. Although this is not about PD Notebook, but about food policy of the USA and somewhat suggest how to see the beef protest).
http://www.ohmynews.com/NWS_Web/view/at_pg.aspx?CNTN_CD=A0000934335&PAGE_CD=S0200
Posted by:Kimmy | June 27, 2008 at 01:01 AM
Kimmy,
Who cares if the author is a U.S. citizen? American has its yellow journalism too. Unless I actually know the author to be a reputable reporter or scholar, I can't take anything on Ohmynews seriously.
This is a rag where one of its editors actually defend the paper's propensity to make up facts:
http://metropolitician.blogs.com/scribblings_of_the_metrop/2005/11/the_irrelevance.html
(see Todd Thacker's reply)
Posted by:Won Joon Choe | June 27, 2008 at 02:24 AM
Won Joon, the author of that article is a professor of Kent State University. I think Ohmynews also has a good side as PD Notebook does.
Posted by:Kimmy | June 27, 2008 at 08:22 AM