Independent lawmaker Han Dong-hoon and People Power Party lawmaker Kim Jae-seop strongly criticized the amended Act on Promotion of Information and Communications Network Utilization and Information Protection, which takes effect on the 7th of next month. The Democratic Party of Korea calls the law the "false or manipulated information eradication act," and it allows punitive damages when someone suffers harm from the distribution of false or manipulated information committed intentionally or with gross negligence.
On Facebook that day, lawmaker Han referred to the law and wrote, "If the government determines that certain information is illegal information such as hate speech, it orders online platforms to block the distribution of that information, and if the online platforms do not comply with that order, the law provides for criminal punishment."
Han said, "Large online platforms with an average of 1 million or more daily users must take measures such as deletion and account suspension when reports of illegal information and false or manipulated information come in and must disclose the results in a report," adding, "The problem is that what constitutes false or manipulated information is decided by a fact-checking organization supported by the Transparency Center under the Korea Media and Communications Commission. In form, the fact-checking organization is a waypoint, but in substance it is a structure in which 'the government decides what is true.'"
He continued, "In the end, if the government decides what is true, a 'censorship ecosystem' is established in which large online platforms filter out information that does not suit the government's taste on their own, and the public's expression is effectively prohibited by the government's prior review procedures," adding, "To reduce their own risk of punishment, businesses will try to over-censor more on their own whenever possible, so the confusion and harm will become serious."
Han pointed out that the law directly violates the principle of banning prior censorship stipulated in Article 21, Paragraph 2 of the Constitution and is unconstitutional.
Kim also referred to the law as the "community censorship act," comparing it to Hitler's "law to prevent malicious criticism" and Stalin's "Article 58 of the Soviet Criminal Act." Article 58 of the Soviet Criminal Act was a law that banned anti-Soviet propaganda and agitation.
Kim said, "Hitler and Stalin personally determined and punished what constituted 'rumors.' The amended Act on Promotion of Information and Communications Network Utilization and Information Protection is no different," adding, "Isn't the Lee Jae-myung administration's intent obvious? If you criticize those in power, it becomes fake news."
He went on, "For President Lee Jae-myung, the 'Daejang-dong development scandal,' and for Chong Won-o, who was the Democratic Party's candidate for Seoul mayor, the 'Cancun junket' were 'fake news.' In fact, Lee Jae-myung and the Democratic Party filed complaints over these matters for 'publishing false information,' but all of these matters were 'facts,'" adding, "For those who have suppressed scrutiny and criticism of themselves even at the risk of punishment for false accusation, this 'community censorship act' will be a highly convenient tool of governance."
Kim criticized, "The Lee Jae-myung administration and the Democratic Party should immediately abandon their attempt at nationwide prior censorship and embark on re-amending the amended Act on Promotion of Information and Communications Network Utilization and Information Protection."