Remarks at Cabinet Meeting: "Criminal Punishment Raises Concerns of Abuse of Prosecutorial Power"
"Imposing Several Times the Sales Amount Is Needed to Effectively Control Violations"
It has been revealed that President Lee Jaemyung instructed officials to consider introducing a punitive damages system targeting YouTubers and pseudo-media outlets who spread fake news for profit.
According to the minutes of the 26th Cabinet Meeting (held on June 19), released by the Ministry of the Interior and Safety on August 3, President Lee stated, "There are too many cases where people make money from fake news," and ordered, "The Ministry of Justice should review how this can be controlled."
In particular, President Lee emphasized, "We must fundamentally block acts of illegality committed for profit. However, criminal punishment is not desirable due to concerns about abuse of prosecutorial power. Responding with punitive damages is the most effective approach."
President Lee Jae-myung presiding over the Cabinet meeting at the Presidential Office Building in Yongsan, Seoul Photo by Yonhap News
He added, "In the United States, it is difficult to even think about making money by breaking the law. Imposing financial penalties through civil measures is a more realistic deterrent."
President Lee further stated, "If someone manufactures and sells fake food, they should be made to pay several times the sales amount, ultimately forcing them out of business. The same standard should be applied to YouTubers who spread fake news."
He also reiterated, "If the government directly recoups profits, it raises fairness concerns and is difficult to implement in practice. Moreover, it may lead to an expansion of government power and abuse of prosecutorial authority. In the end, the only way to overcome these issues is through punitive damages."
In response, Kim Seokwoo, who was then Vice Minister of Justice, reported, "We are approaching the recovery of criminal proceeds by allocating unjust gains to the state or returning them to victims prior to criminal punishment. We are also devising measures to apply this even when the defendant is abroad or cannot be identified."
Previously, in 2021 under the Moon Jaein administration, the introduction of punitive damages was also discussed as a response to false information on YouTube. However, controversy arose when the Democratic Party shifted the focus toward regulating traditional media, being mindful of backlash from pro-government YouTubers. The legislation at the time was ultimately scrapped due to opposition from international media organizations and former President Moon Jaein's negative stance.
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