Ⅰ. Guaranteeing the Fundamental Human Freedoms: 2. Freedom of Expression Therefore, even in the case of the [National Security Act], it is necessary to reduce the scope of penalty to a realizable possibility of physical harm by the act of active and threatening expression that threatens the existence, safety and democratic order of a country. However, the current provision is very unclear about these standards or the limitations, and it is necessary to either abolish the provision or at least make efforts to accept the clear and present danger principle by the investigative and judicial authorities in applying the [National Security Act]. 2) Fake News and Controversy on the Proposed Amendment to the Act on Press Arbitration and Remedies for Damage Caused by Press Reports (Press Arbitration Act) A) Controversy Triggered During the Process of Submitting an Amendment to the Press Arbitration Act During the majority of the later part of the 2010s, Korea’s Press Freedom Index (PFI) was high but the trust in press declined as time went on. Fake news became a serious social issue, and people pressed to improve the effectiveness of damage relief from press coverage and to increase the responsibilities of the press. The ruling party tried to introduce a partial amendment to the Act on Press Arbitration and Remedies for Damage Caused by Press Reports (hereinafter referred to as the Proposed Amendment to the Press Arbitration Act) that combined and changed 16 proposed bills to implement ‘press reform,’ for the purpose of eradicating ‘fake news.’ The proposed amendment to the Press Arbitration Act defined ‘false or fabricated report’ as ‘the act of reporting or mediating false information or information fabricated to be misconceived as fact through press, internet news services, internet multimedia broadcasting’ (Proposed Amendment Article 2(17-3)), and when causing property, personal or other mental damage due to the 45