Court rules JTBC to pay $1 million for unauthorized exit poll use

JTBC, a nationwide general cable TV network, has to pay the compensation of 1.2 billion Korean won (approx. 1 million U.S. dollars) to the three major broadcasters for the unauthorized use of exit poll for the provincial election in June last year.

For the damage claim suit of 2.4 billion won (approx. 2 million dollars) which the three major terrestrial broadcasters of Korean Broadcasting System (KBS), Munhwa Broadcasting Corporation (MBC) and Seoul Broadcasting System (SBS) filed for, the Seoul Central District Court (head judge Lee Tae-su) ruled partially in favor of the plaintiff, ordering JTBC to “pay 400 million won to the three plaintiffs, respectively.”

“JTBC should be held responsible since a reporter of the accused company used his personal messenger service to collect the result of the exit poll and used it to make media coverage, which constitutes to an act of unfair competition, unlawful act and trade secret piracy,” the court ruled. The court means that the act of JTBC that acquired the exit poll result and publicly opened it is the act of unfair competition and illegality.

“The terrestrial broadcasters invested as much as 2.4 billion won to obtain the exit poll result and made effort to maintain confidentiality by signing the letter of undertaking. The exit poll result of this case constitutes certain interest that should be protected by the law. Without making any contribution to the result, JTBC obtained it immediately before ballot-counting show through mobile phone-based messenger that is personally used by its reporter,” the court pinpointed.

“The results were trade secret from the moment JTBC obtained it to when they were announced. JTBC’s acquiring it can’t be seen as a legitimate coverage activity, hence constituting an unlawful act that violates trade secret regulation,” said the court. “Given that JTBC aired it after MBC did it, although it was merely three seconds, and it cited the sources, the damages of 1.2 billion appear to be proper.”