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. 46

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