By Kwon Mee-yoo
The Ministry of Culture, Sports and Tourism (MCST) plans to insert a penalty clause in its charter on infringements of freedom of expression to prevent the recurrence of a blacklist of artists critical of the government.
The ministry will also establish a legal basis for civil servants to reject unjust instructions from their superiors that violate freedom of expression.
"We are considering specifically indicating freedom of expression in the Framework Act on Culture to protect artists,” a ministry official said. “It might include articles on criminal punishments for violations of freedom of the press. We will gather opinions on the details of the revision from artists and other related cultural figures."
Under Articles 21 and 22 of the Korean Constitution, freedom of speech and freedom of the arts are guaranteed for all citizens. However, individual acts of infringing on freedom of expression are not subject to penalties.
Special prosecutor Park Young-soo and his team, investigating an alleged blacklist disadvantaging artists critical of President Park Geun-hye and the government, said those who created the list breached the Constitution. However, the charges against them are abuse of authority and obstruction of exercising one’s rights.
The ministry expects the revision to have a precautionary effect against violations of freedom of speech. It will also reinforce the ethics code for its public officials to refuse to obey illegal orders from higher-ranking officials.
The MCST said it referred to a French case. The French government promulgated a new law on protecting creative freedom to prevent censorship of freedom of expression after the terrorist attack on the satirical magazine Charlie Hebdo in 2015.