TEMPO.CO, Jakarta - The US government, a United Nations agency and domestic and international media organizations have criticized amendments to South Korea's media law, accusing the government of introducing legislation that could stifle a free and fair media.
The government passed revisions to the Information and Communications Network Act in the National Assembly last month, insisting that the updates are necessary to cover media outlets beyond traditional newspapers and television broadcasts.
Controversial provisions raise alarms over free speech
Among the key changes to the law are the obligatory removal from online sites of comments deemed to be false or defamatory by the Korea Media and Communications Commission, which is also able to impose fines of up to 1 billion won (around €584,000, $690,000).
One of the most controversial additions to the law—which South Korea's ruling Democratic Party refers to as the "anti-fake news act"—is the right to demand corrections or rebuttals to editorials or opinion pieces.
Critics argue that the vague definitions used in the law mean it can be used to threaten freedom of expression, weaken the role of the media as watchdog of the government and deepen public distrust of the domestic media.
Critics warn of governmentappointed screening panels
A statement provided to DW by Soon Taek-kwon, of the Citizens' Coalition for Media Reform, declared, "We express deep regret that the ruling party and the government pushed through legislation with significant constitutional concerns while disregarding criticism and warnings from civil society."
The key issue is who defines what constitutes "false and manipulated information," the statement added, with members appointed to the screening commission by the government.
The pressure group also claims greater financial punishments "risk being abused by those in power as yet another tool to pressure the media and suppress critical expression."
Media groups raise press-freedom concerns
Five major media organizations, including the Journalists' Association of Korea, issued an even sharper warning, saying they would "not tolerate any weakening of oversight of power."
Their statement described some of the provisions in the revised law as "toxic" and said the tight deadline and lack of public discussion led to a series of accusations of "rushed legislation."
"Media organizations will closely monitor whether this revision degenerates into a tool for press suppression and whether those in power exploit the legal system to stifle critical reporting," it concluded.
UNESCO and US slam restrictions on free speech
In a statement issued to The Korea Times, UNESCO expressed concern over the "anti-fake news" law, saying that legitimate efforts to combat disinformation must not come at the expense of freedom of the media to play its role in a democratic society or to encourage censorship.
Equally, the US State Department released its strategic plan for the next five years in January, expressing concerns about restrictions imposed on free speech by foreign governments and warning that it will counter such restrictions "through all appropriate means, including visa and financial sanctions."
Digital disinformation: severe and fast-moving
Seong Jae Min, a professor of communication and media studies at Pace University in New York, says the government of South Korea has acted because the harm caused by digital disinformation is both too severe and too fast-moving for the existing legal frameworks.
"False information and online hate can spread to millions of people within minutes, often causing irreversible damage before any legal remedy is possible," he told DW.
Previous laws were designed for legacy media outlets, but "are difficult to apply to today's digital environment, where some of the most influential 'news' actors are YouTubers, influencers and online platforms," he said.
And he is optimistic that the revised legislation will have a positive impact.
Supporters see gains
"If the law functions as intended, it could introduce real consequences for those who deliberately spread harmful disinformation," he said.
"With the possibility of substantial punitive damages and regulatory fines, producing or amplifying false content may become economically and legally risky rather than low-cost and profitable."
The law may also push major online platforms, such as Facebook or YouTube, to take disinformation more seriously by requiring them to establish reporting systems and response mechanisms, he added.
Min concedes, however, that there is justifiable concern in some quarters.
"A central worry is that the law's broad definitions and heavy penalties could chill free speech and investigative journalism rather than simply curb harmful disinformation," he said.
Fake news: 'Complex and subjective'
"Determining what counts as 'fake news' is inherently complex and often subjective," Min said. "Without clear and narrow standards, the law could be applied arbitrarily or strategically."
He added that press groups are concerned that the threat of heavy fines for inaccurate reporting could push journalists to self-censor, "especially when covering powerful politicians, corporations, or public institutions."
The South Korean public, however, is divided on the issue, Min believes.
"Looking at the existing polls and scanning voices from public forums, I think more people are worried about the law because of the fear of governmental over-regulation that may stifle freedom of expression," he said.
Still, he pointed out that there also seemed to be sizable support for the law from those worried about the magnitude of digital harm from disinformation, and "who criticize Korean news media for spreading borderline mis- or disinformation."
"The public mood seems divided between fear of censorship and desire for accountability, with more people concerned about the former," Min concluded.
Read: YLBHI: Indonesia's Proposed Disinformation Bill Could Target Critical Voices
Click here to get the latest news updates from Tempo on Google News
