Ministry Issues Guidelines for Prohibited Banners
Includes Hate Toward Specific Countries, Misogyny, and Misandry
"Active Cooperation with National Assembly on Revising Outdoor Advertisement Act"
The government has issued new guidelines allowing banners containing hate speech or derogatory remarks, such as those targeting specific countries, to be classified as "prohibited advertisements."
The Ministry of the Interior and Safety announced on November 18 that it has established the "Guidelines for the Application of Prohibited Advertisements under the Outdoor Advertisement Act" to strengthen the management of banners with increasingly prevalent hate or defamatory expressions. The guidelines take effect immediately. Previously, on November 11, President Lee Jaemyung instructed the Cabinet to devise countermeasures against hate banners during a Cabinet meeting.
The ministry created these guidelines because, while amendments to the Outdoor Advertisement Act to reduce hate- or defamatory banners by political parties are currently under discussion in the National Assembly, legislative changes will take time. The guidelines provide criteria for classifying hate banners as prohibited advertisements under existing law. According to Article 5, Paragraph 2 of the Outdoor Advertisement Act, advertisements are prohibited if they: ▲ justify criminal acts, ▲ contain obscene or depraved content, ▲ hinder the protection or guidance of youth, or ▲ contain content that is racially or sexually discriminatory and may infringe on human rights.
The new guidelines maintain the principle of maximizing freedom of expression, but, in consideration of Article 21, Paragraph 4 of the Constitution, they introduce limited measures against expressions that infringe upon the rights or reputation of others, or violate public morals or social ethics.
Prohibited advertisements are classified into six categories: ▲ content that justifies or graphically depicts criminal acts, ▲ content that is obscene or depraved and may harm public morals, ▲ content that may hinder the protection or guidance of youth, ▲ advertisements for gambling industries that incite gambling behavior, ▲ content that is racially or sexually discriminatory and may infringe on human rights, and ▲ other content prohibited by separate laws.
The guidelines also include key details, criteria, and examples for each type of prohibited content. The criteria cover: "false or exaggerated expressions intended to disparage specific countries," "expressions likening specific groups, such as immigrants, to animals or objects," and "expressions that promote prejudice or discrimination, such as those that are misogynistic, misandrist, or derogatory toward sexual minorities." The ministry determined that such cases present a risk of human rights violations and can be regulated as prohibited advertisements.
Whether an advertisement qualifies as prohibited will first be determined by the department in charge. If the decision is difficult, the matter will be comprehensively reviewed and handled by the local government's Outdoor Advertisement Review Committee.
The ministry stated that, beyond these guidelines, it is also working with the National Assembly to amend the Outdoor Advertisement Act and related laws during the current regular session.
Minister Yoon Hojoong of the Ministry of the Interior and Safety said, "Recently, banners containing hate speech by political parties have become a serious national and social issue. By actively applying these guidelines in the field, we will do our utmost, together with local governments, to regulate prohibited advertisements and reduce public inconvenience."
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