Proposed by 10 Others Including Yoon Sang-hyun of the People Power Party
Regulation Lifted After 13 Weeks in Some European Countries and the US
Majority Oppose Legislative Registration
Criticism Arises Over the 'Powerful's Protection of Abusive Speech Act'
[Asia Economy Reporter Minyoung Cha] A bill has been proposed that could impose up to 10 years imprisonment for recording phone calls without the consent of all parties involved. Critics argue that the bill protects those in power, as call recordings serve as a means for socially vulnerable groups to prove cases of sexual harassment, unfair treatment, voice phishing, and other damages.
The controversial bill is a partial amendment to the Telecommunications Privacy Protection Act, introduced on the 18th by Yoon Sang-hyun, a member of the People Power Party. The bill prohibits recording conversations without the consent of all participants. Violators could face up to 10 years imprisonment and a 5-year suspension of qualifications. The bill has 10 co-sponsors from the People Power Party, including Gu Ja-geun, Kim Seon-gyo, Lee Myung-soo, Yang Geum-hee, Park Dae-soo, Park Deok-heum, Eom Tae-young, Lee Heon-seung, Yoon Young-seok, and Kwon Myung-ho.
Yoon and others stated when proposing the amendment that the current law, which only restricts recordings by third parties, may infringe on voice rights, saying, "There are concerns that it infringes on the freedom of privacy or communication secrecy of one party, as well as the voice rights, which are part of human dignity, value, and the pursuit of happiness guaranteed by the Constitution." The bill focuses on protecting individual privacy.
Internationally, some European countries such as France and Germany regulate call recordings, but most countries consider recording conversations or calls with the consent of the parties legal. In the United States, 37 out of 50 states allow it legally. Apple, headquartered in the U.S., unlike Samsung Electronics, does not include a call recording feature, which is interpreted as a measure to avoid legal disputes.
The public reaction to this amendment, which bans recording conversations itself, is cold. According to the National Assembly Bill Information System, as of 9:30 a.m. on the day, out of 6,068 registered opinions, the majority oppose the bill. Citizens voiced criticisms such as "a law for criminals," "the current law is sufficient," and "a bad law that encourages corruption among those in power."
Open Net, a nonprofit organization, commented, "A conversation is an event, and a recording is the result of documenting that event as it is, serving as an important means of proving the truth," adding, "Criminally punishing the act of recording or disclosing such events is no different from punishing someone for recording and revealing the truth."
They further stated, "Recently, as politicians have faced difficulties due to the exposure of their irresponsible remarks through call recordings or messenger content, attempts to excessively regulate freedom of expression seem to be continuing," emphasizing, "This bill, which aims to criminally punish recording or disclosing such content, is nothing more than a 'law protecting abusive remarks by those in power.'"
Yoon, who proposed the amendment, also faced embarrassment when a 'vulgar remark recording' targeting Kim Moo-sung, then leader of the Saenuri Party, was released ahead of the 2016 20th general election. However, the recording was secretly made by a third party in Yoon’s office during a phone call, which was illegal under current law. The woman who secretly recorded and passed it to an acquaintance was sentenced to prison by the court.
It is expected that users of Samsung Electronics’ Galaxy series, which provides call recording functionality, will also express dissatisfaction. This is because some prefer call recording for work-related reasons. The call recording feature, along with Samsung Pay, is considered the biggest difference from competitor Apple’s iPhone.
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