Lawyer Park Ju-hyun (left) and Oh Sang-jong, head of the Free Korea Homeland Group. [Photo=Free Homeland Group] 

Civil society and the media industry have sought a ruling from the Constitutional Court regarding the so-called "fake news law" (amendment to the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.), which is causing controversy over the infringement of freedom of expression.

On the 14th at 11:30 AM, Oh Sang-jong, head of the YouTube channel "Free Korea Homeland Group," along with the media company Hanmi Ilbo and ordinary citizens, held a press conference in front of the main gate of the Constitutional Court and submitted an application for a ruling on the unconstitutionality of the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Partial Amendment)" scheduled to take effect on July 7.

"Blocking Posts Before Judicial Judgment... Prior Restraint Prohibited by the Constitution"

The most problematic clause cited by the petitioners is Article 44-2 (Mandatory Provisional Measures). The amendment stipulates that any user's report will result in the mandatory blocking of the relevant post for up to 30 days.

The petitioners' legal team argued, "Forcibly blocking expressions before a court ruling is tantamount to prior restraint, which is absolutely prohibited by the Constitution," and asserted, "It will be misused as a tool to silence legitimate criticism of public officials and those in power, thus destroying the public sphere, the foundation of democracy."

Punitive Damages Up to 5 Times and Fines of 1 Billion Won... "Maximizing Media Chilling Effect"

The legal team pointed out that the amendment's "punitive damages up to 5 times" provision impermissibly delegates the basis for the publisher to a presidential decree, undermining the principle of the rule of law. They also criticized the "imposition of fines up to 1 billion won" as "double punishment," as it imposes a separate, substantial fine in addition to civil damages.

Furthermore, regarding the increase of fines for defamation with false information to 70 million won and the 추징 of related profits, the petitioners argued that these provisions constitute excessive state violence against freedom of expression and are intended to create a "chilling effect" that silences the media and citizens.

This issue is escalating beyond a domestic concern into an international one. The U.S. Department of State has already expressed concerns that the bill poses a serious threat to freedom of expression, and the U.S. Trade Representative (USTR) is reportedly reviewing potential violations of the Korea-U.S. FTA and non-tariff barrier issues.

International media organizations such as Reporters Without Borders (RSF) have also issued a series of statements warning of a regression in press freedom in South Korea.

Petitioner Oh Sang-jong and the group stated, "This amendment is an attempt by the state to economically and criminally suppress and eliminate voices it does not favor, using the ambiguous standard of 'fake and manipulated information'," and expressed their hope that "the Constitutional Court will make a wise judgment on the unconstitutional provisions, proving once again that South Korea is a nation where democracy and freedom of expression are guaranteed."

Reporter Lim Yo-hee