Anti-Misinformation Bill Risks Becoming Press Muzzle Law

The government and ruling party are pushing ahead with the "Anti-False Information Act" while leaving intact the problematic provisions that the media industry has raised concerns about.

Ryu Shin-hwan, acting chairman of the Broadcasting and Media Communications Committee, said at the presidential policy briefing on January 12 that "if the law on false information distribution passes the plenary session, we will ensure thorough implementation."

However, in a democratic society, the press functions as a watchdog over power and is referred to as the "fourth estate" alongside the legislative, executive, and judicial branches. If the press is constrained by a fake news framework even when raising legitimate suspicions in the course of performing its fundamental function, and if punitive damages are imposed indiscriminately, it will force media self-censorship and inevitably shrink press freedom.

The amendment to the Information and Communications Network Act, led by the Democratic Party of Korea, allows claims for damages up to five times the actual harm when false information is disseminated. In response, press organizations including the Journalists Association of Korea opposed the measure, arguing that those in power such as politicians, high-ranking public officials, and executives of large corporations could abuse litigation to suppress critical coverage, and that punitive damage claims should be restricted.

The Democratic Party says it has included a special provision allowing courts to dismiss excessive damage claims at an early stage, but this falls far short of relieving the litigation burden on the press.

The biggest problem with this amendment is the ambiguity of the standards for determining what constitutes false information. The amendment targets "information that is wholly or partially false or causes misperception of facts." However, criteria such as "partially false" or "misperception" enable arbitrary interpretation that can be twisted to fit any situation.

There are already more than enough checks on the press, including complaints to the Press Arbitration Commission, criminal defamation under the Criminal Act, and civil damages. Adding punitive damages on top of this is merely redundant regulation. It speaks volumes that even progressive civic groups such as the Citizens' Coalition for Media Reform and People's Solidarity for Participatory Democracy have criticized the amendment as "a serious regression on freedom of expression."

Fake news spread by some pseudo-media outlets and YouTube channels is certainly a social evil that must be eradicated. But if this is used as a pretext to infringe on press freedom and block the public's right to know, it could become an even greater harm that shakes the foundations of democracy.

This amendment to the Information and Communications Network Act is nothing other than a "press muzzle law." The government and the Democratic Party must reflect on these concerns and immediately halt the hasty processing of this amendment.