Back in August, it was reported that SM Entertainment won the lawsuit they filed against the Ministry of Gender Equality and Family (MOGEF) for SM The Ballad‘s “Tomorrow…” off their debut album, ‘Miss You’.
To recap, the song had been labeled as “harmful media” by MOGEF back in January due to the lyrics containing the phrases, “So that I won’t miss you while [I'm] drunk”, and “I dream of you when I fall asleep drunk.” With the banning of the song, SM filed a lawsuit back in March and the court ruled in their favor in August.
After approximately fifty days since the ruling back in August, MOGEF has finally announced their official retraction on the ban for “Tomorrow”, stating, “Although, SM The Ballad’s ‘Miss You’ was deemed as harmful media by the youth protection agency, due to the result of the lawsuit by the SM Entertainment, and the court’s ruling – we are announcing [the retraction of the ban].”
SM Entertainment’s lawsuit against MOGEF and the court’s ruling has impacted many other singers who are also facing similar issues with their songs. Having come under fire for many decisions that they have made, MOGEF is currently preparing to implement new standards for judging of songs.
25 August:
On August 25th, SM Entertainment won the lawsuit that they filed against the Ministry of Gender Equality and Family.
According to the Seoul Administrative Court, SM Entertainment previously filed a lawsuit claiming that they refused to accept the ban placed on SM the Ballad’s “Tomorrow...”
The song was banned by the MOGEF back in January due to lyrics that mentioned alcohol: “So that I won’t miss you while [I'm] drunk”, and “I dream of you when I fall asleep drunk.” SM Entertainment followed up in March by filing a lawsuit against MOGEF asking to retract the decision.
SM officials stated after hearing about the ruling, “The MOGEF banned the song saying it was to protect the youth, but we fail to understand their standards for evaluation. The MOGEF is restricting our constitutional rights to freedom of expression. The song is not about the production of alcohol or its effects, but rather an expression of the sorrow one feels towards a lost lover. The entire decision to ban the song fails to consider the bigger picture of the song’s meaning.”
Attention is now being put on how this will influence the music industry, if at all.
In a phone call with Star News, Cube Entertainment’s Hong Seung Sung CEO commented, “I hope that they’ll continue to lend their ears to the rumbles in the music industry. They need to take in the opinions of not only the people in the industry, but the fans as well.”
Pop music critic Kang Tae Gyu added, “The court has acknowledged the freedom of creativity. I hope that there will no longer be a case where the soul of a creative product is lost because of one mere word.”
9 Maret:
According to the Seoul Administrative Court, SM Entertainment filed a lawsuit against the Ministry of Gender, Equality, & Family, stating, ”We cannot accept the judgment which was made with imprecise standards.”
The Ministry of Gender, Equality, & Family deemed S.M The Ballad’s track, “Another Day“, as inappropriate for anyone under legal age due to the lyrics’ references to alcohol (“Drunk on alcohol so that I don’t miss you” and “If you fall asleep drunk, you dream“).
Yet representatives of SM Entertainment are claiming this judgment to be ridiculous. One particular representative expressed their opinion to Star News, saying “We don’t understand why they would flag it for inappropriate content based on references to alcohol. They didn’t consider the charm of the song as a whole. Judging by specific words impedes the writers’ freedom of expression.”
Last November, Super Junior’s Kyuhyun, SHINee’s Jonghyun, TRAX’s Jay and Jino worked together for a project group named ‘S.M The Ballad’. However, since the album was deemed as inappropriate for youths, fans under 19 years old was unable to purchase the album.
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