South Korea Passes Bill Causing Concern for Free Press

South Korea passed an “anti-fake news” bill that prevents the spread of fake news by media outlets and Youtubers that is now getting condemned by the International Press Institute global network. 

They are concerned that the bill could violate people`s media freedom. Along with the criminal penalty for defamation, anyone found in violation to this bill will have to pay five times for damages. 

The consequences for this bill range from fines worth ₩70 million which is $48,750 after it was raised from ₩50 million ($34,020.67) to a three year prison term. 

Another problem with this bill is that it could weaken the watchdog freedom of journalists and politicians are not excluded from who`s eligible for seeking punitive damages which was a demand from media and academic communities. 

The International Press Institute is an organization established in 1950 made up of journalists, editors and media executives from 100 countries around the world. They have been the renowned voice for defending press freedom.

According to the International Press Institute, “What specifically constitutes ‘false and fabricated’ information and ‘public harm’ is vaguely defined in the law, raising concerns the bill could make it easier for government officials and corporate actors to file complaints against the press, and that outlets will engage in self-censorship.” 

Moreover, civil liberties and journalist groups have criticized the bill for the lack of protection for the press and type of content covered. They also want President Lee to veto the bill to protect infringement on the freedom of expression and press as there is a possibility that one single video could be taken down if there was one untrue sentence. 

But even though President Lee was called to veto the bill, it was set to take place in July 2025 as it is a revision of the Information and Communications Network Act. The People Power Party, which is the conservative party, will consider all available options such as filing complaints with the Constitutional Court if Lee fails to veto the two bills. 

“The Democrats argue that the bill is intended to counter a growing threat of fake news and disinformation that, they contend, challenges democracy. The bill would allow courts to award up to five times the amount of proven losses in punitive damages,” JURISTnews, a non-profit news organization highlighting rule of law issues, reports. 

During the National Assembly in Seoul, the National Union of Media Workers and the Journalists Association of South Korea issued a statement after the bill was cleared but experts say that the problem with this bill is deciding what is considered fake news.

In addition lawmakers argued the law included strict criteria such as gaining unjust profits and intent to cause harm and that protections will not work. 

President Lee expressed the reason for this bill comes from reporting practices when it comes to fact-checking and the need to strengthen credibility and for structural improvements. Lee also prompted deeper reflection on the practices of Korean journalism. 

Approximately, 32.5% of journalists have been subjected to harassment and lawsuits described as criminal complaints and malicious lawsuits. In addition, the U.S. could take the burden for providing fault in the part of news organizations and journalists.