Eradicating the Distribution of Illegal and False Information through Amendments to the Information and Communications Network Act
Up to Five Times Compensation for Damages; Court Assessment When Proof Is Difficult
"Introducing Measures to Prevent Gag Lawsuits... Promoting Self-Regulation by Public Institutions"
On October 20, the Democratic Party of Korea announced a set of measures to eradicate fake news, which includes requiring malicious distributors of illegal information and false or manipulated information to pay up to five times the amount of damages. Additionally, if a party maliciously and repeatedly disseminates content that has already been determined by a court to be illegal or false and manipulated information, the broadcaster may be fined up to 1 billion KRW.
Choi Minhee, Chair of the Special Committee on Media Reform of the Democratic Party, and Representative Noh Jongmyeon are conversing during the announcement of the plan to eradicate false and manipulated information by the Special Committee on Media Reform held at the National Assembly on October 20, 2025. Photo by Kim Hyunmin
The Special Committee on Media Reform of the Democratic Party of Korea, chaired by Assemblywoman Choi Minhee, unveiled the legislative proposal to eradicate fake news at the National Assembly on the afternoon of October 20.
The proposal introduces the concept of a "publisher," defined as someone who directly produces, selects, and posts information, and plans to designate information that repeatedly incites hatred or violence as illegal information. Furthermore, if any or all of the posted content is false or contains altered (manipulated) material that could mislead the public, it will be classified as false information. Among false information, content that is clearly harmful to others will be treated as false and manipulated information, with satire and parody explicitly excluded.
The committee is seeking to add a general provision for damages to the Act on Promotion of Information and Communications Network Utilization, stipulating that those who intentionally or negligently distribute illegal or false information and cause harm must provide compensation. If it is difficult to prove the amount of damages, the court may recognize up to an additional 50 million KRW as damages. In particular, for publishers who distribute illegal or false and manipulated information, a punitive damages system of up to five times the actual damages will be introduced.
The Democratic Party of Korea stated that punitive damages will only be applied if certain criteria are met, such as the number of postings, number of subscribers, number of views, recognition of illegality or falsehood, malicious intent to harm others, and if the individual is engaged in information delivery as an occupation, as specified by presidential decree. This is intended to prevent indiscriminate labeling of individuals as disseminators of false information. However, the original source of illegal or false information will also bear the same responsibility.
If there is an authoritative result, such as a court ruling for damages, criminal punishment, or an order for correction, confirming that the content in question was maliciously and repeatedly distributed after being determined by the court as illegal or false and manipulated information, the Broadcasting and Media Communications Commission may impose a fine of up to 1 billion KRW. In cases of defamation arising from the dissemination of false information for the purpose of slander, the law stipulates that "property obtained through crime will be confiscated. If confiscation is impossible or if property benefits have been obtained, an equivalent value will be collected."
Jeong Cheong-rae, leader of the Democratic Party of Korea, is giving a greeting before announcing the plan to eradicate false and manipulated information by the Special Committee on Media Reform at the National Assembly on October 20, 2025. Photo by Kim Hyun-min
The Democratic Party of Korea also decided to introduce a system to prevent so-called "gag lawsuits" (SLAPPs) that are intended to silence the media. If a lawsuit is deemed to be a gag lawsuit, the respondent may request an interim ruling from the court, and the court must suspend proceedings until it renders a decision of dismissal or rejection.
In addition, to strengthen the accountability of large online platforms, a Korean-style Digital Services Act (DSA) will be introduced. Anyone will be able to report illegal or false and manipulated information to service providers, and providers will be required to establish autonomous operational policies for assessment criteria, reporting, and response. Large-scale information and communication service providers will also be required to prepare a transparency report at least once every six months.
The proposal also stipulates support for fact-checking activities regarding false information and provides a legal basis for establishing an Information and Communication Service Transparency Center under the Broadcasting and Media Communications Commission.
Jeong Cheongrae, leader of the Democratic Party of Korea, stated, "This amendment to the Act on Promotion of Information and Communications Network Utilization is intended to protect citizens who suffer from false information and to gain consensus on the social responsibility of the media," adding, "We will introduce a de facto punitive damages system to impose strict penalties."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
