Fake Videos Created with 'Deepfake' Related to Presidential Election Prohibited... Potential Violation of Election Law

KISO and NEC Hold Meeting with Portal Operators
"Any Possibility of Voter Misunderstanding Constitutes a Legal Violation"

The Korea Internet Self-Governance Organization (KISO) and the National Election Commission (NEC) made it clear that any election-related videos created using deepfake technology that have even the slightest possibility of causing misunderstanding are considered violations of the law.

On the 14th, KISO announced that it held a 'Meeting for the Operation of Internet Information Services during the Election Period' with the NEC on the 11th. The meeting was attended by key domestic portal operators and community and AI chatbot business practitioners, including Naver, Kakao, Nate, EastAid, Ppomppu, SLR Club, Scatter Lab, Tunip, and Inven.

A representative from the NEC explained the main points of the Public Official Election Act that business operators should be aware of, such as election campaigns and election opinion polls conducted via the internet and other information and communication networks, and requested KISO member companies to actively cooperate with the NEC’s requests to delete posts that violate the law. The NEC also explained actual cases of election law violations related to the prohibition of election campaigns using deepfake videos, which has been in effect since January last year.

The current Public Official Election Act defines deepfake videos as virtual audio, images, or videos created using AI technology that are difficult to distinguish from reality, and prohibits election campaigns using such content. Recently, the campaign team of Lee Jae-myung, the Democratic Party’s preliminary candidate, announced a strict response after receiving a report that a deepfake video claiming to show the candidate swearing at Mrs. Kim Hye-kyung was being created and distributed.

The NEC explained, "'Difficult to distinguish from reality' means that voters should be able to distinguish intuitively with common sense," and added, "If there is even a slight possibility of misunderstanding (as real), it constitutes a violation of the law." Kim Seong-deok, head of KISO’s policy team, said, "We will actively cooperate with the NEC’s measures according to the law during the presidential election period," and added, "KISO will also do its best to support member companies to ensure a fair election."