The Ministry of Justice has triggered a controversy by revising its public affairs guidelines to prohibit the disclosure of information related to criminal cases including charges filed against suspects and investigation proceedings. The new guidelines, if implemented, risk infringing on the freedom of the press and compromising the people's right to know.
In many respects, the ministry has pushed the revision unilaterally in the name of prosecution reform. The move has gained speed, not least since the liberal administration drew a strong public backlash over the appointment of Cho Kuk, President Moon Jae-in's close aide, as justice minister.
Now the Moon administration appears to be giving the impression that it is changing the guidelines to prevent reporters and news outlets from spreading articles critical of the government. In fact, many presidential officials and ruling party lawmakers have blamed the press, especially conservative media, for reporting "unconfirmed stories" about the corruption allegations surrounding Cho and his family.
But, journalists and media outlets are strongly against the amended guidelines which they say will do more harm than good. They urge the ministry to revoke the revision. On Thursday, the Journalists Association of Korea issued a statement demanding the ministry stop its attempt to control the news media with the new rules.
First of all, the ministry failed to reflect the opinions of journalists and the media before rewriting the guidelines. It was apparent that the ministry has only followed instructions from the presidential office. That's why opponents seem to believe the government is trying to put a gag on the press as far as reporting on criminal cases is concerned.
The revised rules include a clause that can prohibit reporters and media workers from accessing prosecution offices if they are found to have publicized misinformation that infringed on the honor, privacy and human rights of people involved in criminal cases. These people include not only suspects, but also prosecutors and investigators.
However, the real problem is that the new guidelines lack clear standards on the definition of misinformation and human rights violations. In addition, there is no clause about who will decide on such violations. If the ministry or prosecution is allowed to decide, they may make the mistake of arbitrarily applying the rules in an attempt to "tame" the media.
It would be better for reporters themselves to determine who is denied access to prosecution offices and briefings as punishment for misinformation. The government and its ministries, including law enforcement agencies, cannot and should not be entitled to decide what misinformation is and who is held accountable for it.