A bill that mandates punitive damages of up to five times the proven losses for spreading false or manipulated information online cleared the National Assembly's Legislation and Judiciary Committee on Wednesday, setting the stage for a plenary vote next week.
The amendment to the Act on Promotion of Information and Communications Network Utilization and Information Protection, dubbed the "Disinformation Eradication Act," passed the committee after lawmakers from the People Power Party walked out before the vote, leaving the ruling Democratic Party of Korea to push it through.
The bill includes provisions for statutory damages of up to 50 million won for losses that are difficult to prove when harm from disinformation is established, as well as liability for up to five times the proven or recognized damages.
The Democratic Party plans to prioritize the bill alongside a separate measure to establish a special court division for insurrection cases in the plenary session scheduled from December 22 to 24.
"There are two items on the agenda for the three-day second extraordinary session starting December 22," Kim Hyun-jung, floor spokesperson for the Democratic Party, said. "The Information and Communications Network Act will be introduced on December 22, and the bill to establish a special insurrection court division will be introduced on December 23."
The People Power Party denounced the legislation as an "online gag law."
"This is the ultimate form of legislative dictatorship, where those in power seek to silence the press and blind the eyes and ears of the people," Rep. Na Kyung-won of the People Power Party said.
The bill, which passed the Science, ICT, Broadcasting and Communications Committee on December 10 under Democratic Party leadership, has faced opposition from media and civic groups over concerns it could have a chilling effect on press activities. Media organizations have argued that punitive damage claims by politicians, public officials and large corporations should be restricted.
In response to continued resistance, the Democratic Party adjusted some provisions. Notably, clauses on shifting the burden of proof to media outlets and on damages against original sources of information were removed. The party also added a special provision to block "SLAPP suits"—strategic lawsuits against public participation—filed to obstruct legitimate criticism and oversight.
"The fundamental premise is that there must be factual falsehoods, and someone must suffer harm as a result," Rep. Noh Jong-myeon, secretary of the Democratic Party's Special Committee on Media Reform, said. "Raising suspicions or making claims is not subject to [the disinformation provisions] at all."
