Ex-Girlfriend and Unspecified Women’s Sexual Exploitation ‘Deepfake’ Viewers Cannot Be Punished

Punishment of Viewers Only Possible for Violations of the Child and Youth Sexual Protection Act
Clear Regulations Needed for Possession, Purchase, and Viewing of Obscene Materials
Rules for Disclosure of Possessors' Identities and Attachment of Electronic Devices Also Required

[Asia Economy reporters Seongpil Jo and Sehee Jang] Mr. A edited and produced false videos (deepfake) by synthesizing his ex-girlfriend’s face onto another person’s body from April to June this year, then spread them on Instagram and sent multiple messages to the victim’s phone. Mr. A was eventually arrested and sent to the Daejeon District Prosecutors’ Office in June on charges including violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes and violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection. In May, a suspect who produced and distributed false videos synthesizing the profile photos of women and adolescents publicly posted on social networking services (SNS) with the naked bodies of others was arrested and handed over to the Namyangju branch of the Uijeongbu District Prosecutors’ Office.

All of these individuals are the main perpetrators who produced or distributed deepfake videos. However, those who viewed the illegal videos escaped punishment because the victims were adults. This is because the legal basis for punishing viewers exists only in the Act on the Protection of Children and Juveniles Against Sexual Abuse (Child and Youth Sexual Protection Act). Under current law, anyone who purchases, possesses, or views child and youth sexual exploitation materials, knowing them to be such, is subject to imprisonment for at least one year. In contrast, for adults, only those who produce or widely distribute such materials face up to five years of imprisonment or a fine of up to 50 million won.

A police official stated, "While there was social consensus during the legislative process to increase the scope and severity of punishment under the Child and Youth Sexual Protection Act, there seems to have been insufficient discussion regarding deepfake videos," adding, "Most viewers claim that it was difficult to determine that the videos were fake."

41 Individuals Caught Distributing False Videos This Year... Need to Establish Punishment Rules for Viewers

According to the ‘Deepfake-related Illegal Activity Detection Status’ submitted by the National Police Agency to Kim Seung-su, a member of the People Power Party, from January to July 2022, there were 93 cases of false video distribution, resulting in the arrest of 41 individuals. Rep. Kim said, "Although punishment for deepfake pornography has been in effect for two years, harm continues to occur," and added, "There is a need to introduce clear regulations regarding possession, purchase, and viewing of pornography."

Experts say that effective legislation on deepfakes must be established. Professor Woonghyuk Lee of Konkuk University’s Department of Police Science said, "To dismantle the deepfake market, it is necessary to impose severe penalties on viewers as well," and added, "Broad acceptance of sting operations and other measures is needed to discourage potential demand." Attorney Daeun Chae of the law firm Siwoo stated, "There may be criticism about whether punishments for children and adults should be the same," but argued, "Since differences can be made in the severity of punishment, there is no reason not to establish punishment rules themselves. It is necessary to enhance tracking methods to catch viewers and actively punish them."

The Korean Bar Association has proposed, "It is necessary to strengthen public regulation of domestic and international internet service providers and establish new legal provisions to cover various types of crimes occurring online," and added, "Regulations for disclosing personal information and attaching electronic devices to producers, distributors, and possessors of sexual exploitation videos should also be created."

The National Police Agency stated, "We are thoroughly investigating through active cooperation with related agencies, including investigating illegal filming materials stored in the tracking system and requesting deletion and blocking by the Korea Communications Standards Commission."