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