The Report on Human Rights Situation in the Republic of Korea First is the issue of ambiguity in the concept of ‘false and fabricated reports’ stipulated in the proposed amendment and the requirements for intentional or gross negligent acts. One of the main purpose of the press is surveillance and control of the power, and as such, raising suspicion or raising issues on certain items is sometimes necessary to create social opinion. However, in the proposed amendment, the concept of fake reports and the requirements of intentional and gross negligent acts are prescribed ambiguously, which may be used as a method to weaken unfavorable articles and critical opinions. Also, liability for compensation can also be at the subjective and arbitrary determination of the court. Second is the excessive responsibility of the news portals, etc. According to the proposed amendment, comprehensive news portals, such as Naver and Daum, are subjected to punitive damages for mediating news that are assessed as false or fabricated reports. However, if these mediating activities are subjected to punitive damages, then these online news service operators may block all news reports that may be subjected to controversy in order to avoid any liability, and this in turn will lead to the chilling effect of the press reporting. Third is the issue of excessive liability from introducing the punitive liabilities to the press. Korea already has in place a system to prevent violation of personal legal interests from defaming information from false information, illegal information, etc. Defamation from the distribution of fake news is punishable under the Criminal Act or Information Communication Network Act. Therefore, introducing an additional punitive liability system, having a semi-criminal law characteristics, is seen as having a double-penalty effect and being improper. Fourth is an opinion of constricting the reporting function of the press by levying punitive liabilities only to the press activities, and not general illegal activities. Of course, other areas, such as subcontracting and privacy protection, have punitive liabilities, but the punitive liability attaches to the press, regardless of the area of reporting; thus weakening the reporting function of the press. 48

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