When a progressive government in South Korea pushed through legislation that press freedom advocates say enables censorship, the backlash came from an unexpected quarter: the government's own allies.
The Korean National Assembly passed a revised Information and Communications Network Act on December 24, in what critics described as a "rushed" legislative process. President Lee Jae Myung signed the bill, which will take effect in July.
Dubbed the "anti-fake news bill," the law punishes media outlets and content creators who publish or circulate false, manipulated, or illegal information with the "intent to cause harm to others" or "obtain illicit gains." Those found liable may face damages up to five times the assessed amount. The bill also retains South Korea's existing criminal penalty for defamation.
What sets this controversy apart is the criticism from civil society groups and media organizations typically aligned with the liberal ruling party. They argue the bill is disproportionately punitive and unnecessary, noting that mechanisms already exist under South Korean law for victims of false news reports and hate speech.
The core concern centers on vague definitions. What specifically constitutes "false and fabricated" information and "public harm" remains unclear in the legislation, raising fears that government officials and corporate actors could more easily file complaints against the press. Several National Assembly members have argued the law violates South Korea's constitutional "principle of clarity."
The Korea Media and Communications Commission—which is under strong influence of the ruling party—would have wide discretion in interpreting and applying the law's terms.
International criticism has been swift. The U.S. State Department criticized the bill for "undermining freedom of expression," while UNESCO warned it "encourages censorship." In a joint statement released after the bill's passage, five Korea-based media groups urged the government to clarify that the law will be applied narrowly and will not be used to undermine press freedom.
The International Press Institute called on the South Korean government to "immediately pause implementation of the law and open a process of meaningful consultation with the media community and civil society." IPI Executive Director Scott Griffen urged an independent risk assessment of how the legislation would impact freedom of expression.
This is not the first attempt. A similar "fake news" bill was proposed in 2021 but scrapped following international criticism, including from IPI and Irene Khan, the UN special rapporteur for freedom of expression and opinion.
On December 21, a group of South Korean lawyers petitioned Khan and three other special rapporteurs to formally raise issues with the new law with the South Korean government.
Several provisions advocated during the legislative process that would have codified greater protections for press freedom were not included in the final legislation—a detail that has amplified concerns among media watchdogs.
Watch what they do, not what they say. In East Asian diplomacy, the subtext is the text.
