ED Muzzling press freedom?
Justice Minister Jung Sung-ho, right, speaks with ruling Democratic Party of Korea legislators after voting on the revised Information and Communications Network Act at the National Assembly in Yeouido, Seoul, Dec. 24. Yonhap
Revised Information and Communications Network Act won't aid our democracy
The ruling Democratic Party of Korea (DPK) pushed through the revised Information and Communications Network Act Wednesday, to the concern of many.
The legislation, dubbed the "anti-fake news bill," stipulates punitive damages up to five times the amount of losses sustained by "false or fabricated" information by traditional news media or YouTubers, and seeks to ban its circulation across online platforms. The bill also includes a provision for a fine of up to 50 million won ($34,494) for unquantifiable losses. Further, if information already ruled "false or fabricated" is spread more than twice, the Korea Media and Communications Commission, a media regulator agency, can fine outlets up to 1 billion won for distributing false or manipulated information. The outlets and video channels subject to the penalty would be determined by presidential decree.
Too heavy a penalty or censorship? Some say it smacks of both, while the DPK rebuffs that criticism. The DPK spokesman said that the law doest not target criticism, "but the malicious and deliberate dissemination of false information."
The legislation was a source of controversy, even from its inception. Liberal legal groups such as Minbyun, or Lawyers for a Democratic Society, noted that the problem lies in defining comprehensively what constitutes "false and fabricated" information. Minbyun also believes that banning circulation carries the possibility of being unconstitutional. The main opposition People Power Party (PPP) blasted the bill, saying it intended to silence the press and infringe on freedom of expression.
These concerns are invariably shared by the journalism sector. The nation's largest civic group, the People's Solidarity for Participatory Democracy, has demanded a presidential veto of the bill, which is laden with the potential to violate freedom of expression.
As seen from these responses, deep concern prevails across the political spectrum, including civic groups traditionally aligned with the liberal ruling bloc.
The bill states that strong punitive actions will only take place in cases where illegal, false or fabricated information is spread with the intent to cause harm to others or obtain illicit gains. But the bill also retains the position that anyone who defames another individual by stating facts with an intention to slander will be subject to a prison term up to three years or a fine of up to 30 million won. Opponents note that the anti-fake news bill overall could make it easier for public figures like lawmakers or government officials to file complaints and suits against the press, citing libel.
The need for this bill to be rushed through is questionable. Perhaps its backers want to hit the ground running.
The anti-fake news bill may get a second review if President Lee Jae Myung vetoes it, as urged by opposition parties and civic groups. The president should strongly consider sending it back for a bipartisan consultation that will produce a much more well-thought-out bill. More critically, Lee needs to safeguard the health of Korea's democracy by letting the free flow and exchange of opinions be part of the process in ferreting out and tackling fake news. Checks and balances are provided by not only the independence of government branches but the public watchdog nature of journalism as well.
We are all aware of the harmful downsides of the overly aggressive reporting done by some online media outlets to garner views and monetary gains. However, a bill that declares a wholesale slate of penalties against the press prompts widespread skepticism in a country whose democracy was rattled dangerously last year but managed to resuscitate itself this year. We must not compromise freedom of the press, freedom of expression and the people's right to know in the process of correcting the extreme malign actions of a few.