SEOUL, South Korea (AP) – South Korea’s liberal-led legislature on Wednesday passed a bill that would allow for heavy punitive damages against traditional news and internet media for publishing “false or fabricated information,” brushing aside concerns that the legislation could lead to greater censorship.
Journalist groups and civil liberties advocates urged President Lee Jae Myung to veto the bill pushed by his Democratic Party. They say the wording is vague about what information is prohibited and lacks sufficient protections for the press, potentially discouraging critical reporting on public officials, politicians and big business.
Democrats, who have failed to pass similar legislation under past administrations, say the law is needed to combat a growing threat of fake news and disinformation that they argue undermines democracy by fueling division and hate speech.
The bill allows courts to award punitive damages up to five times the proven loss against news organizations and major YouTube channels that disseminate “illegal information or false, fabricated information” to cause harm or seek profit.
The bill will also allow damages of up to 50 million won ($34,200) for losses that are difficult to quantify in court. The country’s media regulator will be able to fine outlets up to one billion won ($684,000) for distributing information that a court confirms is false or manipulated more than twice.
The bill passed the National Assembly by a vote of 170-3 with four abstentions after several lawmakers from the main conservative opposition People Power Party boycotted the vote. The vote was delayed after 24 hours of obstruction by the PPP, during which lawmakers from both parties debated the bill.
PPP lawmaker Choi Soo-jin said during the filibuster that the bill fails to define the degree of inaccuracy for information to be banned, warning that it could be broadly applied to content containing minor errors or general claims and used as a tool to silence critics with the threat of lawsuits.
Democrats argue that punitive damages apply only when there is clarity that false information has been deliberately spread for harmful or profit-seeking purposes and causes actual harm, while routine allegations or claims are not penalized.
They note that the law prohibits the filing of claims for damages with the aim of “obstructing criticism or surveillance only carried out in the public interest,” although legal experts and journalist groups have criticized the provision as vague and unrealistic.
“What the law targets is not (legitimate) criticism but the malicious and deliberate dissemination of false information,” said Democratic Party spokesman Park Soo-hyun. “(The bill) is based on the intent requirement and also exempts satire and parody, clearly distinguishing (what should be respected as) freedom of expression.”
The National Union of Media Workers has urged the Lee government and Democrats to address concerns that regulating false or manipulated information by law could infringe on freedom of expression and expose media companies to abusive lawsuits, chilling scrutiny of those in power.
“We urge them to clearly reaffirm that the law will only target a small portion (of the content) that is ‘false or fabricated information’ and to carefully review the bill to eliminate any potential infringements on freedom of the press and expression,” the group said in a statement. “We call on them to carefully define the scope of the law when drafting the enforcement ordinance (of the law).”