South Korean law targeting ‘fake news’ takes effect as journalists’ groups raise concerns
SEOUL, South Korea (AP) — South Korea on Tuesday began enforcing a law allowing hefty punitive damages against news organizations and social media influencers who spread misinformation, as journalist groups warned it could chill public discourse and invite censorship.
Journalists and civil liberties groups said the vaguely worded law did not clearly define what information it prohibited and lacked adequate safeguards for the media, warning that it could hinder the potential for critical reporting on government officials, politicians and big businesses.
The law allows courts to award damages of up to five times proven losses against major social media channels, including news organizations and YouTube creators, who disseminate illegal, false or manipulated information with the intent to cause harm or profit.
Additionally, those who distribute the information more than twice after the court confirms the information is fake or manipulated could be fined up to 1 billion won ($656,000) by the country’s media regulator. Internet companies that operate major social media platforms with more than 1 million daily users are required to take measures such as removing content or suspending user accounts when they receive reports of false or fabricated information.
The law was supported by President Lee Jae Myung’s liberal Democratic Party and Adopted by the National Assembly in December On boycott by the conservative opposition. liberals, unsuccessfully tried to pass similar legislation Previous governments said the law was necessary to fight Fake news and disinformation, They argue that this poses a growing threat to democracy by fueling division and hate speech.
The Korean Journalists Association said the mere possibility of news organizations constantly facing major damage claims or legal disputes could create an “inevitable chilling effect.”
“Even if the purpose of a law is legitimate, it can erode the foundations of democracy if implemented in a way that discourages the media and ordinary citizens from freely criticizing and scrutinizing those in power,” the group said in a statement.
The Seoul Foreign Correspondents Club also expressed concern about the potential impact on the work of the media and the free flow of information.
Concerns about dark online discourse
The push for the law came as Lee expressed concerns about South Korea’s online discourse and information environment. then-President Yoon Suk Yeol He briefly declared martial law in 2024. He was later impeached and dismissed. He was found guilty of rebellion and sentenced to life imprisonment. he appealed In February.
Who is Yoon facing? other criminal cases He also promoted false claims of election fraud circulating on YouTube to defend his failed power grab and mobilize conservative supporters against Democrats. Critics say Yoon’s campaign is further polarizing the country by injecting lies into already fierce political debates and making compromise increasingly difficult.
The Korean Media and Communications Commission downplayed concerns that the law could be used as a tool for state censorship. Private operators of online platforms, not the government, will decide whether reported content qualifies as false or manipulated information, the commission said last week, and that the law exempts reporting in the public interest from compensation claims.
But Kim Hong-yeol, a professor at Seoul Duksung Women’s University, said the law could encourage widespread self-censorship and discourage reporting or discussion on sensitive topics. Internet companies can act as online censors, adopting overly aggressive moderation policies and removing legal content to avoid liability, Kim wrote in an article for the news site Medius.
While major South Korean internet companies such as Naver and Kakao have reportedly updated their systems to report and handle fake information in line with guidelines from the Korean Internet Self-Government Organization, it is unclear how major foreign platforms such as Google’s YouTube will adapt. Google did not immediately respond to a request for comment.
After the law was passed in December, U.S. Undersecretary of State Sarah B. Rogers criticized the law in a post on
