Push to punish ‘fake news’ tests limits of free press in Korea

President Lee Jae Myung takes questions from reporters during a press conference at the presidential office in Seoul, July 3. Joint Press Corps

President Lee Jae Myung and the ruling liberal Democratic Party of Korea are pressing ahead with contentious legislation targeting media outlets accused of spreading “fake news,” a move that critics say could pose a serious threat to press freedom and democratic norms in the country.

The president called for the proposed reform at a Cabinet meeting on Monday, saying that media outlets that “distort facts or spread false information” should be held accountable.

He also directed all government ministries to disclose how they allocate their public relations budgets, adding that “it is important to communicate directly with the public, instead of spending money for promotion” through media advertising.

The proposed bill would fundamentally reshape the country’s libel laws, allowing courts to award punitive damages of up to five times the actual harm caused by what the legislation defines as “false and fabricated news.”

The measure represents a sharp departure from the current law, which limits compensation to a victim’s proven losses. Supporters say it is essential to curb the rampant spread of misinformation on social media and other online platforms.

Notably, fabricated videos and images of politicians and celebrities have recently spread rapidly across social media platforms like YouTube and X (formerly Twitter). One instance involved a deepfake video of a prominent politician making vulgar remarks, while other cases have featured manipulated images of celebrities in compromising situations.

Critics, however, caution that the law could chill legitimate journalism and be wielded to suppress government critics, underscoring the tension between free expression and public order.

Meanwhile, the ruling party, led by Chairman Jung Chung-rae, is drafting a bill that would allow courts to impose punitive damages on media companies for what it calls “deliberate fake reporting.” A similar effort under the previous liberal Moon Jae-in administration was abandoned in 2021 after mounting criticism from rights groups at home and abroad.

This time, however, the legislation appears poised to move forward, with the DPK leadership vowing to pass it — unilaterally if necessary — before the Chuseok holiday, which begins Oct. 3.

Revisions to the Broadcasting Act have already been passed by the DPK, which holds a majority in the National Assembly. Critics of the legislation contend that the changes could sway public broadcasters to offer political coverage with a more liberal perspective.

Experts are increasingly warning that the law could also discourage journalists from probing corruption scandals and produce a chilling effect on press freedom.

“The bill aims ‘to protect the public from fake news,’ but the very concept of fake news is unclear,” Kwon Sang-hee, a prominent media scholar at Sungkyunkwan University in Seoul, told The Korea Times. “There is a risk that even matters of political criticism or issues open to different interpretations could be branded as fake news, so the law may be used as a tool for controlling critical voices.”

Legal scholars and critics have voiced the perspective that Korea already has a robust framework of statutes addressing defamation and misinformation, suggesting that additional legislation may be unnecessary and could be viewed with skepticism. This view is based on existing laws that criminalize defamation, even if the statements are true, and a network of regulations for online content.

“This would inevitably weaken the essential critical function of the press in a democratic society,” he said. “Rather than protecting ‘social trust,’ as supposedly intended by the bill, there is a risk that it could actually suppress critical public opinion and lead to democratic backsliding.”

Accusations have also been made that the media reform legislation specifically targets journalists at conservative newspapers. These concerns intensified after the presidential office announced it would accredit reporters from three YouTube-based media outlets known for their favorable coverage of the president and other liberal politicians.

According to some experts, this government-led restructuring of the media landscape is particularly concerning at a time when the DPK controls both the executive and legislative branches of government.

“Freedom of the press has always been in tension with those in power. The media’s role is to hold governments accountable, but every administration, once in office, is tempted to control the press. Power without criticism inevitably leads to corruption,” said Lee Min-kyu, professor of media and communication at Chung-Ang University.

“No news report is perfect ― sometimes coverage may overreach. However, as seen during the Watergate scandal, imperfect news reports ultimately uncovered many critical facts, which eventually led to the resignation (of U.S. President Richard Nixon),” he added. “Aggressive investigative journalism remains essential to our democracy. I’m concerned that this critical function of the press will be significantly diminished by the bill.”