South Korea ‘fake news’ law triggers free speech, censorship fears
The scope extends beyond social media to malicious reviews and defamatory posts on online communities, delivery apps and shopping platforms
The enforcement decree spells out who can be sued for punitive damages over illegal and fabricated information.
Individuals on online platforms such as YouTube or TikTok who have posted at least three pieces of content over the past three months and either have more than 100,000 subscribers or average more than 100,000 monthly views in that period will fall under the definition of major online information producers.
If they are found to have deliberately spread false information that causes harm to obtain an unfair advantage, judges can impose damages of up to five times the proven loss. What can be considered an unfair advantage encompasses not just economic gains, but also intangible benefits such as expanding social or political influence.
Meanwhile, platforms with more than 1 million daily active users on average over the last three months are required to operate reporting and monitoring systems. Once a complaint is received, they must verify it through the new transparency centre under the state-run Korea Media and Communications Commission.