Bill targeting 'fake news' sparks backlash over press freedom

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Backlash is mounting over potential restrictions on press freedom and free expression after the National Assembly, led by the ruling Democratic Party of Korea, passed a contentious bill against "fake news."

Journalists and media labor unions have voiced strong opposition to the legislation, while media scholars warned that the bill could weaken the press’s ability to hold those in power accountable. Some experts also noted long-standing reporting practices that have contributed to public distrust.

The revised Information and Communications Network Act defines false or fabricated information and prohibits its circulation across telecommunications networks. It also allows for punitive damages of up to five times the assessed losses to be imposed on media outlets and YouTubers found to have deliberately spread disinformation for illicit gain, resulting in harm to others.

The legislation has been contentious since its proposal and concerns have intensified within the media after its passage.

Five media organizations, including the Journalists Association of Korea and the National Union of Media Workers, issued a joint statement immediately after the bill cleared the National Assembly on Wednesday.

It warned that regulating false or fabricated information by law would inevitably constrain freedom of expression and that the introduction of punitive damages could invite excessive lawsuits by those in power, eroding press freedom.

The revised Information and Communications Network Act is passed during a plenary session of the National Assembly in Seoul, Wednesday. Yonhap

Experts say one of the law’s most problematic aspects is the ambiguity over who will decide what constitutes fake news.

“Inclusion of provisions banning the circulation of such content could open the door for administrative bodies — such as the Korea Communications Standards Commission — to make those judgments,” said Kim Dong-chan, chair of the policy committee at the People’s Coalition for Media Reform.

He added that platform operators, aiming to avoid regulatory scrutiny, might self-censor, blocking or removing their own content preemptively.

While lawmakers argue that the law includes strict criteria — such as intent to cause harm or to gain unjust profits — to prevent arbitrary interpretation, critics warn that safeguards are unlikely to work as intended in reality.

Ultimately, critics say determinations that should be made through judicial review risk being shifted to other actors who are neither equipped nor authorized to make such judgments.

Concerns have also been raised that the legislation could undermine the media’s ability to scrutinize those in power.

Choi Ji-hyang, a professor of communication and media at Ewha Womans University, warned that the law could weaken journalism’s watchdog function.

“While truth remains the ultimate value journalism seeks to pursue, reporting can rarely rely on complete facts at any single moment,” she said.

“Journalism’s responsibility is to report the best possible truth based on the information available at the time of reporting.”

Choi also noted that the law does not exclude politicians, senior public officials or major corporations from those eligible to seek punitive damages — a key demand long raised by both academic and media communities.

Even in the past, powerful figures have routinely used so-called strategic lawsuits to discourage critical reporting.

According to a 2025 survey of journalists conducted by the Korea Press Foundation, 32.5 percent of journalists who reported experiencing harrassment had also been targeted by what they described as malicious lawsuits or criminal complaints.

Such concerns are heightened by the fact that Korea lacks effective safeguards against malicious lawsuits targeting the media.

Lee Jae-kyung, an honorary professor at Ewha Womans University and director of the Yoonseyoung Journalism School, contrasted Korea’s legal environment with that of the United States. Unlike in Korea, he noted, plaintiffs suing the media in the U.S. bear the burden of proving fault on the part of journalists or news organizations — a standard that helps deter abusive litigation.

“Korea lacks comparable legal or institutional mechanisms, leaving the press more exposed to abusive lawsuits,” Lee said.

Meanwhile, Lee added that the debate surrounding the anti-fake news bill has been shaped by broader public skepticism toward the media and by longstanding reporting practices that have drawn criticism over fact-checking.

“It is true that Korean media have, at times, relied on the practice of simply relaying who said what without sufficient verification or context, which can contribute to the spread of falsehoods or misinformation,” he said.

Lee stressed that while it is misguided to regulate such issues through legislation in a rapid and punitive manner, the controversy should also prompt deeper reflection on entrenched practices within Korean journalism and the need for structural improvements to strengthen its credibility.