The Report on Human Rights Situation in the Republic of Korea
false or fabricated report intentionally or with gross negligence, the court can
determine damage within 5 times the amount of loss (Proposed Amendment Article
30-2 (1)). Moreover, it prescribed the matters that can be assumed as being
intentional or with gross negligence (Proposed Amendment Article 30-2(2)) and
included a provision on exempting punitive liability for press reports for the public
benefit (Paragraph 4 of the same Article).
However, the proposed amendment to the Press Arbitration Act cause controversy
due to a criticism that the provisions of the law violated the freedom of press and
expression. Some experts, civil social organizations and Reporters Without
Borders opposed the proposed amendment, and many press published critical
reports. On the other hand, a survey on the introduction of punitive liability by
Realmeter on Jul. 30, 2021 showed that 56.6% agreed.37)
UN Special Rapporteur for the Freedom of Opinion and Expression sent a
written opinion to the Korean government on Aug. 27, 2021, indicating a concern
over the Proposed Amendment to the Press Arbitration Act for seriously restricting
the freedom of expression and needs to make changes to fit the international
human rights standards. On the other hand, the NHRCK expressed its opinion on
the partial amendment to the Press Arbitration Act on Sep. 13, 2021, indicating
that it sympathizes with the intent of the proposed amendment, but some
provisions may constrict the freedom of press guaranteed by the Constitution and
must be carefully considered.
As the controversy continued, the proposed amendment was deferred and is still
pending. The controversy related to the Proposed Amendment to the Press
Arbitration Act is divided into opinion that the press must be responsible by
increasing the effectiveness of the damage relief from fake news and opinion
requiring the careful consideration for the concern of constricting the freedom of
37) Yonhap News, “’Punitive Liability’ Press Law, 56.5% agree vs. 35.5% disagree’‘, Aug. 2, 2021.
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