First Case Since Deepfake Electioneering Ban Enacted
Three YouTube Channel Operators Reported... 'Candidates in Prison Uniforms'
On May 29, the National Election Commission filed a complaint against three individuals, including YouTubers, for violating the Public Official Election Act by producing and distributing deepfake content (AI-generated false or manipulated materials) related to candidates for the 21st presidential election. This marks the first case in which the commission has reported deepfake producers or distributors since the relevant legislation was enacted in December 2023.
In a press release issued on the same day, the National Election Commission stated, "With the election approaching, we have reported three YouTube channel operators to investigative authorities on suspicion of violating election law for producing and posting virtual audio, images, or videos created using artificial intelligence (AI) technology that are difficult to distinguish from reality, with the purpose of supporting or opposing specific candidates."
According to the National Election Commission, the three individuals reported are mainly accused of creating deepfake content related to Lee Jaemyung, the Democratic Party presidential candidate, and Kim Moonsoo, the People Power Party presidential candidate. Specifically, they are accused of posting images a total of 35 times on certain online community boards depicting candidates in prison uniforms inside jail cells. Additionally, they are accused of posting 10 videos on YouTube channels with large subscriber bases, using AI-generated female announcers to present news-style content aimed at promoting or hindering the election of specific candidates. They are also suspected of producing and distributing deepfake posts and videos on personal social networking services (SNS) that portray certain candidates negatively.
The Public Official Election Act stipulates that, from 90 days before election day until election day, it is prohibited to produce, edit, distribute, screen, or post deepfake content for election campaigning purposes. Violation of this law is punishable by imprisonment for up to seven years or a fine ranging from 10 million to 50 million won.
The National Election Commission stated, "With less than a week remaining until the presidential election, we are focusing our efforts on cracking down on illegal activities in cyberspace," and urged, "Voters must exercise particular caution to ensure that the production and use of videos or images utilizing AI do not violate election law."
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