Ⅰ. Guaranteeing the Fundamental Human Freedoms: 2. Freedom of Expression
expression and press guaranteed by the Constitution. This controversy had us think
about the basic issues related to the scope of protecting the freedom of press.
B) ‘Freedom of Press,’ Responsibilities of the Press and the Proposed
Amendment to the Press Arbitration Act
Article 21(1) of the Constitution stipulates that ‘all citizens shall enjoy freedom of
speech and the press, and freedom of assembly and association,’ and stipulates the
freedom of expression to include press, publication, assembly and association.
Freedom of press, among the freedom of expression, refers to freedom to
participate in creating opinions by expressing opinions and delivering facts
through publications and media.
Freedom of press satisfies the people’s right to know and contributes to creating
opinion indispensible in democratic politics. It also plays the important functions
of watching and controlling the state power and promoting national integration.
Therefore, it is necessary to especially be careful in its restrictions.
On the other hand, as the environment surrounding the press has changed, it
became the norm for the press to create online articles focusing on having higher
views, without putting in a serious investigation. Under these circumstances, there
have been much talk about asking higher responsibility to the press to improve the
people’s right to know and the real freedom of expression. The proposed
amendment to the Press Arbitration Act reflected these opinions.
The controversy surrounding the proposed amendment to the Press Arbitration
Act focused on the criticism of violating the freedom of press and criticism to that
criticism, and the key criticisms are as follows:38)
38) NHRCK Press Release. Sept. 16, 2021, Cho, Soyeong, “Legislative Process of the Proposed Amendment to
the Press Arbitration Act and Issues on the Terms”, Press and Law, 2021.
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