South Korean broadcaster SBS has encountered legal trouble following NewJeans’ live performance on Inkigayo, aired on July 30, 2024. The Korea Communications Standards Commission (KOCSC) recently announced a “caution” legal sanction, citing concerns over unauthorized advertising during the show.

NewJeans’ Controversial Performance: Filming with an iPhone on Stage

The performance in question featured NewJeans performing their song ETA on the popular music show Inkigayo. During the set, the members of NewJeans filmed themselves using an iPhone 14 Pro. The show’s live broadcast alternated between the main Inkigayo cameras and the iPhone footage, creating a unique effect that concluded with the members taking a selfie on stage.

While this unusual performance style attracted mixed reactions from viewers, the KOCSC began an investigation after receiving complaints about potential “passive advertising.” Concerns were raised that the iPhone use may have violated advertising regulations, leading the commission to assess the broadcast for breaches of Article 46 under the “Regulations on Broadcast Review,” which deals with unauthorized advertising impacts.

SBS’ Response to the Sanction and Justification

In response to the KOCSC’s decision, SBS Entertainment CP Park Sung Hoon acknowledged the misstep, admitting that the broadcast presented “something that was no different from an advertisement.” He explained that SBS generally allows artists and their agencies creative control over performances and, in this instance, respected NewJeans’ concept, which mirrored the style of their music video.

“Usually, when an agency curates an artist’s performance as a complete work, we respect it and try not to intervene as much as possible. At the time, NewJeans said they would use the music video concept for the production, so we accepted it without any problem, but we did not realize that the music video was being used as an advertisement,” explained Park Sung Hoon.

SBS clarified that no formal indirect advertising contract had been arranged with Apple prior to the broadcast. Although an advisory committee initially found no serious issue with the performance, the KOCSC’s full committee later decided unanimously to impose a sanction.

The case highlights the delicate balance in South Korean broadcast standards, especially when it comes to brand visibility during live performances.

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