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National Assembly should revise 'fake news' law as it risks US sanctions

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The U.S. has warned that it will use all appropriate means, including visa restrictions and financial sanctions, against foreign governments, activists and groups responsible for restricting free speech under the pretext of combating fake news, disinformation and hate speech.

Korea is vulnerable to such sanctions. Controversial legislation passed in December, which calls for massive fines on media companies and individuals accused of creating or spreading fake news, has come under renewed scrutiny following the U.S. announcement.

In the Agency Strategic Plan (ASP) for Fiscal Years 2026-2030 unveiled last week, the U.S. Department of State warned that foreign governments, activists and international organizations that restrict free speech will pay a price.

“For their own domestic political purposes, foreign governments have imposed restrictions on speech that would be unacceptable in the U.S., including enforcing conditions to operate or levying fines on technology and media companies that operate in those countries,” the plan states. “The Department will oppose efforts by foreign countries, international organizations, NGOs and activist groups that seek to censor Americans in their own country. We will counter these efforts through all appropriate means, including visa and financial sanctions.”

With the ASP, free speech — once viewed largely as a domestic issue — has now emerged as an international concern that can trigger diplomatic disputes between Seoul and Washington.

If visas are denied and financial sanctions imposed on alleged violators of free speech, the consequences will not be limited to those individuals alone. Who will suffer if Korea is labeled a country that restricts free speech? The entire nation will bear the cost of such a negative reputation.

Korea would no longer be seen by the international community as a dynamic, vibrant and attractive country with much to offer, a reputation painstakingly built through the global popularity of K-pop and Korean dramas. If its democratic values are called into question, the Korean economy will inevitably suffer.

In December, the National Assembly passed a revision to the Act on Promotion of Information and Communications Network Utilization and Information Protection, commonly known as the Network Act. The legislation was pushed through by the ruling Democratic Party of Korea (DPK), which holds 163 of the 300 seats in the Assembly, despite mounting opposition from the People Power Party (PPP) and the media industry.

The law sparked controversy due to a series of measures introduced in the name of combating fake news, disinformation and hate speech.

Under the revised law, individuals and media companies — including one-person media such as YouTube channels — may be fined up to five times the damage incurred. When damages are difficult to calculate, courts may impose fines of up to 50 million won ($34,000). Media outlets or individuals found to have shared stories deemed untrue by the court may face fines of up to 1 billion won ($679,000). Those found to have reported facts with the intent to defame others could face up to three years in prison or fines of up to 30 million won.

The DPK defended the legislation, arguing that it is necessary to curb the spread of fake news, particularly through clickbait-driven YouTube channels.

The PPP opposed the bill, warning that it could be abused to suppress news reports critical of the government. If lawsuits seeking heavy fines against media companies are weaponized, the opposition argued, self-censorship will prevail, ultimately stifling free speech.

Despite these concerns, the DPK pushed the bill through.

The legislation amounts to censorship designed to silence opponents and is therefore fundamentally incompatible with free speech. Such concerns were raised well before the bill’s passage, but the DPK refused to listen and pressed ahead regardless.

Now, the law risks backfiring globally as the U.S. has made clear its willingness to take countermeasures. Numerous global media outlets operate branches in Seoul, and foreign columnists, YouTubers and social media influencers are all subject to the law. If the government, activists or individuals take legal action against U.S. media organizations, influencers or journalists under the banner of fighting fake news, it could escalate into a serious diplomatic dispute between Seoul and Washington.

Free speech is a touchstone for determining whether a country is truly open to diverse ideas and viewpoints. In societies where free speech is protected, differences are accepted and respected. This tolerance for diversity lies at the heart of democracy.

The National Assembly should revise the law and remove the toxic provisions that repress free speech.