Korea's notorious libel law faces revision
In Korea, the truth is no protection against slander charges. / Yonhap
By Jung Min-ho
Oprah Winfrey famously said, “Speaking your truth is the most powerful tool.” But in Korea, you may end up in prison for using that tool.
Under Article 307 of the nation’s criminal law, a person who defames another person by disclosing a fact to the public could face two years in prison or a fine of up to 5 million won ($4,700).
The libel law, which is different from that in most other developed countries, has proved to be a deterrent for victims of sexual crimes to join the #MeToo movement here.
But this may change. After President Moon Jae-in expressed support for the movement, the governing Democratic Party of Korea (DPK) said it would press ahead with revising that law so more victims can come forward without fear of prosecution.
Rep. Nam In-soon, head of the party’s task force against gender violence, said Monday she would try her best to revise the law.
“Many victims often face prosecution for speaking their truth against perpetrators,” she said. “We need a new law that can protect such people.”
There have been reports that some victims of sexual crimes were prosecuted after revealing their stories on social media.
The law, which is designed to protect a person’s right to his or her good name over another person’s freedom of expression, has long been debated in Korea.
Unlike many other developed countries, including the U.S., where defamation cases are considered civil matters, Korea deals with them in criminal courts. What determines slander here is damage rather than whether the information is true.
Given that the law works more in favor of famous people in power, activists have criticized the government and the National Assembly for quietly disregarding the issue for a long time.
For some men of power, the law has been the most powerful tool against people who fight them with the truth.
If the National Assembly passes the DPK’s bill, the effects are expected to reverberate far beyond the #MeToo movement.