UN envoy signals scrutiny over 'fake news' law as lawyers condemn 'state censorship'

Rep. Jung Chung-rae, chairman of the ruling Democratic Party of Korea, speaks during the party's media reform committee's meeting at the National Assembly in Seoul, Aug. 14, 2025. Yonhap

A United Nations free speech envoy has signaled scrutiny of Korea’s new “anti-false information” law, as Korean lawyers warn it could amount to state censorship and a threat to digital trade.

In response to a Korea Times inquiry addressed to Irene Khan, the U.N. special rapporteur on freedom of expression, her secretariat confirmed that the mandate is actively monitoring the situation following President Lee Jae Myung’s approval of the law earlier this week. The law will come into force in July.

“The Special Rapporteur is following this matter very closely. We regret that it was not possible to take action before, due to numerous other commitments, but we will continue to work on this matter,” the secretariat said, indicating that further U.N. engagement is under consideration.

The law targets the spread of “false” or “manipulated” information online, covering news outlets as well as major digital platforms. It allows courts to order punitive damages of up to five times the proven harm when media organizations or large online channels are found to have intentionally disseminated fabricated content for profit or to cause damage.

Critics say the legislation is too vague and could hand authorities and large platforms sweeping powers to decide what counts as “false” and what should be removed.

Critics, for example, ask whether it would be safe under the law to report on the potential harmful effects of vaccines, and whether such content could be labeled “fake,” exposing the creators and distributors of the information to legal consequences. Experts warn this would chill critical journalism and legitimate political speech, as media firms and platforms may opt for self‑censorship rather than risk severe financial penalties.

“Many cases will likely end up in court, and this would inevitably lead to self-censorship,” a legal expert at a Seoul-based human rights organization said.

Those concerns have been echoed abroad. In comments sent to Yonhap and other Korean media outlets recently, the U.S. State Department expressed “significant concerns," saying that the law “negatively impacts the business of U.S.-based online platforms and undermines free expression.”

A coalition of Korean lawyers ― known as the Free Human Rights Working Group ― also issued a statement on Thursday to call on the Lee administration and the ruling Democratic Party of Korea to reverse course.

“The Lee Jae Myung administration must immediately push for a new revision to restore the Information and Communications Network Act,” the statement said. “The ambiguity of the concept of ‘false or manipulated information,’ the potential for abusive use of punitive damage claims and the excessive obligations imposed on platforms would force citizens and the media into self-censorship, shrinking freedom of expression.”

The lawyers also said the law conflicts with international human rights norms on freedom of expression, adding that it would weaken Korea’s global standing and undermine its interests.

“For Korea to maintain trust in digital trade and technological cooperation, its domestic regulations must be aligned with international standards and be predictable. Overly broad and ambiguous laws like those in place now not only chill freedom of expression, but also shift uncertainty and costs onto global platforms and Korea’s industrial ecosystem,” the statement said.

“This issue is not a matter of domestic politics but one that directly concerns the fundamental rights of the people and Korea’s international credibility. We will continue to raise awareness, at home and abroad, of the dangers posed by the law, using all available avenues, including procedures at the U.N. and the National Human Rights Commission.”