By Isha Sharma and Anuradha Gandhi
The Preamble of the Sexual Harassment of Women (Protection, Prevention and Redressal) Act, 2013 explicitly outline its purpose:
“To provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto”.
This legislation was enacted in India with the intention of providing protection and redressal mechanism for victims of sexual harassment, alongside related matters. The essence of the POSH Act extends beyond traditional workplaces. Just as it applies to other workplaces, the POSH Act also extend its jurisdiction to Film Units/TV sets/OTT Production units/Studios or nay such similar platform. The term ‘workplace’ has been defined in Section 2(o) of the POSH Act, which includes
“any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service.”
One of the key aspect of the POSH Act is the broad definition of what constitutes a workplace. It explicitly states that any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer, falls under the ambit of the POSH Act. This means that film sets, studios, production offices and even promotional events where industry professionals gather can be considered as workplaces under the law.
To know more about the applicability of POSH Act in entertainment industry, kindly refer to our article titled “Entertainment Industry and POSH-India”. The link for the same is mentioned below: https://ssrana.in/articles/applicability-posh-act-entertainment-industry/
Within entertainment industry, which serve as workplaces for actors, producers, directors, crew members and staff, the responsibility to foster a safe and harassment-free environment is paramount. Regrettably, an increasing number of complaints regarding sexual harassment within the realm of entertainment industry have come to light in recent times. This trend underscores the urgent need for stringent enforcement of policies and regulations to combat such acts effectively. [1]
Request for a one-year prison sentence for Oh Yeong Su in a sexual harassment case:
In the glitzy world of entertainment, where stars shine bright and accolades are plenty, there is also a darker side that often lurks beneath the surface. With each passing day, reports surface shedding light on the prevalence of sexual harassment within the entertainment industry. [2]
Recently, a renowned South Korean actor Oh Yeong Su, widely recognized as Player 001 from the global sensation “Squid Game”, finds himself entangled in a legal suit as allegations of sexual misconduct emerged against him.
The 78-year-old actor who gained widespread claim for his versatile performances, had been accused of touching a woman inappropriately dating back to mid-2017 during his two month tour to a regional area for performance. According to reports, it is alleged that during this tour, the accused engaged in unwelcome physical advances, including hugging and kissing the woman against her wishes. However, despite the gravity of the allegations, Oh Yeong Su was released without detention following interrogation by prosecutors.
These allegations of touching inappropriately came to light when a complaint was filed by the purported victim in December 2021, as reported by Variety, reigniting public scrutiny. Although the case had initially been closed in April, it was subsequently reported at the insistence of the alleged victim, as detailed by South Korean news agencies.
During a hearing held at the Seongnam branch of the Suwon District Court of South Korea on February 02, 2024, prosecutors urged for a one-year prison sentence for Oh Yeong Su. Additionally, they petitioned the court to mandate the public disclosure of his personal information and impose restrictions barring him from working with institutions catering to children and adolescents. [3]
In response to the allegations, Oh Yeong Su vehemently denied any wrongdoing during his interrogation and avoided rendering even an apology and said the victim was ‘like a daughter to him’.
Further, while giving a statement in a Korean broadcaster JTBC[4], he asserted, “I just held her hand to guide the way around the lake. I apologized because [the person] said she wouldn’t make a fuss about it, but it doesn’t mean that I admit the charges.”
The unfolding legal drama has cast a shadow over the illustrious career of Oh Yeong Su, who is known for his captivating performances on stage and screen.
The legal representative of the accused actor have contended that apart from the testimony of the victim, there is a lack of evidence. The actor expressed himself, “It’s difficult for me to stand before the court at my age. I feel like my life is ruined due to the fact that this is how I’ll end my life. I ask you to make a wise ruling”.[5]
As legal proceedings unfold, the outcome remains uncertain, leaving both supporters and detractor of the esteemed actor awaiting further developments with bated breath.
However, the court sentence on his case is slated for March 15, 2024. [6] But beyond the headlines and courtroom drama lies a deeper reckoning- one that demands introspection, empathy and a collective commitment to fostering a safer and more equitable future for all.
Conclusion:
Yes, amidst the glimmering accolades and adoration, the allegations serve as a stark reminder of the complexities that plague the entertainment industry. The power dynamics, blurred boundaries, and prevalence of misconduct underscore the imperative need for accountability and systematic change.
In an industry where perception is paramount and reputations hang in the balance, the quest for truth and justice becomes all the more crucial.
[1] https://ssrana.in/articles/wrestling-federation-gets-bail-sexual-harassment-case/
[2] https://ssrana.in/articles/sexual-harassment-cases-sports-federations/
[6] https://www.koreatimes.co.kr/www/nation/2024/02/113_368135.html