not use hate speeches in the election process, making this election a public forum for
democracy.503)
However, it seems that hate speeches against social minorities have not been eradicated
during the two elections in 2022. Controversy over hate speeches continued with the
politicians, media, SNS and the internet communities. Candidates or politicians used words,
such as “dumb” and “mentally ill,” while criticizing their opponents, and there was a
statement to the effect of ‘we must teach children not to be homosexuals’ during the election
for superintendent of education. After candidates or influential politicians made promises
and remarks related to the right to vote for foreigners and the Ministry of Gender Equality
and Family, posts containing hate speeches increased significantly, especially in the online
communities.504) Moreover, there was also a debate over whether these pledges or claims
‘created hatred.’
B) Diverse Perspectives on Hate Speech Regulations
Hate speech can be punished as an insult and defamation under the criminal law because
it is often expressed as an insult to a specific group and its members, or it may be regulated
as part of the regulation on illegal information or sexual harassment or harassment under the
‘Act on Promotion of Information and Communications Network Utilization and
Information Protection.’ However, it probably will not be regulated under the current laws.
A significant number of hate speeches target a specific group, not individuals, and the
current laws mainly regulate the violation of the legal interests of individuals; moreover,
hate speech is not specifically prohibited or regulated.
Regarding ‘regulation,’ Korean society is proposing and discussing measures to ban hate
speech and punish criminally through legislation. There are conflicting opinions on this.
Some argue that it should be regulated because it negatively affects the society by violating
the dignity of social minorities, causing mental and psychological pain to the minorities
exposed to hate speech and influencing the public to participate in discrimination. On the
503) Statement by the Chairperson of the NHRCK, May 18, 2022.
504) Kookmin Ilbo, Specific remarks by a politician leads to increase in comments on misogyny, Dec. 13, 2022.
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