Ⅰ. Guaranteeing the Fundamental Human Freedoms: 2. Freedom of Expression
Other criticisms include the way the ruling party pushed ahead with the proposal
and concerns for reduced reliability in the international community.
C) Need to Change and Supplement the Proposed Amendment to the Press
Arbitration Act
Freedom of press is a right of citizens, not a freedom of publishers or reporters.
However, there are cases of violating the rights of citizens through fake news,
completely unrelated to criticizing the powerful. A decline in confidence in the
news media has made the freedom of press into a hindrance in guaranteeing the
citizens’ right to know and democratic opinion formation. Therefore, it is
necessary to come up with a method to require higher responsibility from the
press, and the method and the topic requires a careful approach.
International organizations, such as the European Commission (EC), UNESCO,
etc., stipulate the concept of specific disinformation, separate from simple
mis-information. The Press Arbitration Act needs to seriously consider defining
the fake news corresponding to the international standards.
Also, some reviews and supplementations are needed to clarify provisions on the
assumption of intentional and/or gross negligence, and the deletion of certain
expressions or provisions levying uncertain or excessive liability to online news
service operators by being subjected to punitive liability, etc.
For example, the international organizations, including the UN, focus on
autonomous and indirect measures, such as securing transparency in the media
environment, rather than regulations that impose actual liability for the fake news
or disinformation. On the other, strengthening the penalties directly, as an
alternative to the sanction of the creation and distribution of fake news. It is
noteworthy that in cases of Germany or France, where they have laws regulating
expressions, they are limited to the specific types of hate speeches, such as
glorifying Nazis, etc., and have the specific scope and target.
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