3. Freedom of Expression and Freedom of Assembly and
Demonstration
A. Human Rights Status 2022
Article 21(1) of the Constitution stipulates that “all citizens shall enjoy freedom of speech
and the press, and freedom of assembly and association.” The above provision explicitly
stipulates freedom of speech and the press, as well as freedom of assembly and association.
Freedom of speech and the press is a concept that encompasses the freedom to express
thoughts and opinions and the freedom to disseminate them, also called freedom of
expression, and if the freedom of expression is seen as a freedom of communication in the
form of individual freedom, the freedom of assembly and demonstration can be seen as
freedom of communication in a collective form.
Freedom of expression and freedom of assembly and demonstration are one of the most
important fundamental rights of citizens in today's democratic country. These basic human
rights are fundamental and core rights that are universally stipulated in international human
rights standards. They emerged after the American Revolution and the French Revolution
and are specified in the Universal Declaration of Human Rights and the Covenant on Civil
Rights.
However, freedom of expression and freedom of assembly and demonstration have
recently been challenged in many ways. Maria Lessa, a 2021 Nobel Peace Prize winner and
a journalist, in her visit to Korea in 2022, expressed her view that democracy could regress
due to the harmful effects of social media, the spread of fake news using politicians' hatred,
and attempts to manipulate public opinion. Since the outbreak of COVID-19 in 2020,
assemblies and demonstrations have been significantly restricted for nearly two years in
accordance with quarantine guidelines.
The NHRCK’s 2021 Report on Human Rights Situation in the Republic of Korea
reviewed the discussions on the repeal of Article 7 of the ‘National Security Act’ regarding
freedom of expression and freedom of assembly and demonstration, controversy over fake
news and amendments to the Press Arbitration Act, controversy over the decriminalization
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