Bill Proposed to Strictly Punish AI-Driven Mockery of Independence Activists
Addressing Legal Blind Spots on Posthumous Insult and Preventing Historical Distortion
Kaeho Lee, a National Assembly member from the Democratic Party of Korea representing Damyang, Hampyeong, Yeonggwang, and Jangseong in South Jeolla Province, announced on March 1 that he is preparing to propose a partial amendment to the National Holidays Act. The bill aims to strictly punish acts that undermine the meaning of national commemorative days such as the March 1st Independence Movement Day, and that insult independence activists through the misuse of generative AI-including deepfakes.
Recently, ahead of the March 1st Independence Movement Day, a manipulated video showing Yu Gwansun appearing to show affection for the Japanese flag circulated on social media platforms such as TikTok. In addition, posts mocking the appearance of Ahn Junggeun and Kim Gu, while praising pro-Japanese figures such as Ito Hirobumi and Lee Wanyong, have spread, provoking public outrage.
However, under the current law, defamation of deceased individuals is punishable only if it involves the presentation of false information; simple ridicule or satire rarely meets the requirements for prosecution. Furthermore, the crime of insult currently protects only living persons, leaving a severe legal blind spot where even police investigations are not possible.
In April last year, a bill to amend the Criminal Act-centered on the establishment of an insult crime for deceased persons-was submitted, but no substantive discussion has taken place, so for now, authorities must rely solely on account deletion or similar actions based on the self-imposed guidelines of online platforms.
Assemblyman Lee plans to establish a legal basis for strong, direct punishment of criminal acts that intentionally distort the historical significance of national holidays or insult and ridicule related historical figures by introducing penalty provisions into the current National Holidays Act.
Assemblyman Lee stated, "To mock the ancestors who dedicated themselves to the nation's independence using AI technology is a malicious distortion of history under the guise of freedom of expression, and a crime. Through the introduction of this amendment, I will ensure that the recurring denigration of national holidays and independence activists is eradicated."
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