The law allows courts to award damages of up to five times the proven losses against news organizations and large social media channels, including YouTube creators, that circulate illegal, false or manipulated information to cause harm or generate profit.
In addition, those who distribute information more than twice after a court has confirmed it to be false or manipulated could be fined up to 1 billion won ($656,000) by the country’s media regulator. Internet companies operating large social media platforms with more than 1 million daily users are required to take measures such as removing content or suspending user accounts when they receive reports of false or fabricated information.
The law was backed by President Lee Jae Myung’s liberal Democratic Party and passed by the National Assembly in December over a boycott by the conservative opposition. The liberals, who unsuccessfully sought to pass similar legislation under previous governments, say the law is necessary to combat fake news and disinformation, which they argue is posing a growing threat to democracy by fueling division and hate speech.
The Journalists Association of Korea said the mere prospect of news organizations repeatedly facing massive damage claims or legal disputes could have an “unavoidable chilling effect.”
“Even if a law’s objective is legitimate, it could erode the foundations of democracy if it’s enforced in a way that discourages the media and ordinary citizens from freely criticizing and scrutinizing those in power,” the group said in a statement.
