The National Assembly Science. ICT. Broadcasting. and Communications Committee bill screening subcommittee on the 10th passed the so-called "eradication of false or manipulated information act" (amendment to the Act on Promotion of Information and Communications Network Utilization and Information Protection) led by the Democratic Party of Korea. The core of the amendment is to require up to five times the damages when someone knowingly and intentionally distributes illegal information or false or manipulated information and causes harm.
The Democratic Party of Korea and the Innovation Party said they supplemented the clause on "strategic lawsuit against public participation (SLAPP)," the key sticking point, to set up a mechanism to block abuse of lawsuits by those in power. In contrast, the People Power Party strongly protested, calling it "a draconian law suppressing the press that exists in no advanced country."
The Science, ICT, Broadcasting and Communications Committee information and communications broadcasting bill screening subcommittee put the amendment to the Act on Promotion of Information and Communications Network Utilization and Information Protection on the agenda and approved it that afternoon. The Democratic Party had initially tried to pass the amendment on the 8th, but it fell through for lack of a quorum (a majority) after the Rebuilding Korea Party, aligned with the ruling bloc, took a cautious stance. Two days after it failed, the party pushed the bill through.
The Democratic Party and the Innovation Party said they narrowed differences by supplementing the "public figure's right to claim damages," which had been the biggest point of contention. While Science, ICT, Broadcasting and Communications Committee members from the Democratic Party take the position of granting public figures, such as politicians and executives of large corporations, the right to claim punitive damages, the Innovation Party argued that this could excessively infringe on "freedom of expression" and that politicians and others should not be granted that authority.
Regarding this, Innovation Party lawmaker Lee Hae-min said, "We proposed a much more stringent plan than the Democratic Party's so that the clause on strategic lawsuit against public participation (SLAPP) cannot be abused by those in power and public figures, and the Democratic Party accepted it." It is known to include measures to tighten the criteria so that excessive claims for damages can be dismissed early and to improve the cost burden of litigation and the review process.
They said the requirements for recognizing a strategic lawsuit against public participation were greatly relaxed and the burden on those in power was strengthened. A strategic lawsuit against public participation refers to a lawsuit filed strategically to claim damages with the aim of discouraging public-interest speech or activities.
In addition, the two parties decided to delete the clause on "first speaker liability," which had raised concerns about chilling investigative reporting and critical journalism, as well as the clause imposing fines on platform operators.
Meanwhile, the People Power Party objected, saying it "will seriously chill freedom of the press." People Power Party lawmaker Choi Hyeong-du left the room right after the subcommittee ended, saying, "The Democratic Party forced through the punitive damages system that progressive civic groups and the media community are concerned about," and criticized it as "a direct replay of the problems pointed out in a U.N. human rights report four years ago."
Choi cited cases in the United States and United Kingdom and said, "The effect to be gained through a law that does not exist in any advanced democracy is clear. It is to impose punitive damages on reports about those in power and the wealthy to block follow-up investigative reporting." Choi added, "Such legislation risks greatly reversing the principles of a free press and a democratic civil society."
The Democratic Party and the Innovation Party appear poised to try to pass the amendment at the full session of the Science, ICT, Broadcasting and Communications Committee at 4 p.m. that day.