South Korea law targeting deepfakes, disinformation gets frosty reception from US

A new law in South Korea targeting bad information sees it risking conflict with the current U.S. administration, which has leveled accusations of censorship at nations pursuing digital regulation.

The Associated Press reports that South Korea’s bill will impose “heavy punitive damages against traditional news and internet media” for publishing false or fabricated information, including deepfakes or synthetic likenesses, that cause verifiable damage. Specifically, it would allow courts to award punitive damages of up to five times the proven losses against news organizations and large YouTube channels that disseminate “illegal information or false, fabricated information.”

The country’s media regulator would also be able to fine outlets up to 1 billion won (684,000 dollars) for distributing information a court confirms to be false or manipulated more than twice.

Naturally, there are questions about scope, censorship, and the potential for abuse. Critics are concerned that the language around what’s considered false or fabricated is too vague, and could result in the press self-censoring to avoid penalties. The National Union of Media Workers and other groups representing journalists have issued a joint statement urging the government to clarify and specify the rules. Civil rights groups are also urging President Lee Jae Myung to veto the bill.

Law ‘jeopardizes technological cooperation,’ says US

The situation exemplifies the tension between fake information, online freedom and political accountability that has manifested in various guises around the globe. In South Korea, disinformation circulated on YouTube spurred President Yoon Suk Yeol to declare martial law in 2024, ultimately leading to his imprisonment.

At present, the EU, UK and Australia are facing criticism from the U.S. over online safety bills that cover issues such as age assurance for social media. The U.S. sees these laws as a threat to major American corporations like Apple, Meta and Google, and has exerted ample pressure on their behalf.

According to Maeil Business Newspaper, the U.S. State Department has already expressed “grave concern” about the revision of South Korea’s Information and Communication Network Act, threatening to turn into a diplomatic and trade issue, as it has done in the EU over the Digital Services Act (DSA).

The piece quotes Sarah Rogers, U.S. deputy secretary of state for public diplomacy, who posted on X that the network law amendment “appears to be focused on correcting the defamatory deepfake problem, but in reality it has a much broader impact and jeopardizes technological cooperation.”

South Korea has defended its law, and it seems destined to succeed: the bill passed the National Assembly by a vote of 170-3 with four abstentions (and several boycotts from members of the official opposition).

Meanwhile, it has been ten years since U.S. President Donald Trump popularized the use of the term “fake news” to refer to any reporting that framed him in a negative light. But the fallout can be seen in the chaos of the U.S. media environment, in which it has become more and more difficult to establish objective truth – a situation that has only worsened with the easy availability of generative AI tools and the rampant spread of deepfake content.

Article Topics

deepfakes  |  legislation  |  regulation  |  social media  |  South Korea  |  synthetic data  |  United States