Constitutional Complaint Filed Immediately After Implementation: What Are the Issues with the Revised Law?

[Anchor]

The People Power Party has announced it will file a constitutional complaint, labeling the revised Information and Communications Network Act an "evil and unconstitutional law." They argue that the state risks interfering with freedom of expression.

Reporter Kim Bo-mi summarizes the key issues.

[Reporter]

The amendment to the enforcement decree of the Information and Communications Network Act, which allows for fines of up to 1 billion won for the repeated distribution of false and manipulated information, was approved at the Cabinet meeting today (July 7).

[Han Seong-sook / Prime Minister: While we will guarantee freedom of expression for legitimate criticism and diverse opinions to the fullest extent, we will respond firmly to clear false and manipulated information and illegal activities.]

The People Power Party criticized the revised law, stating that the "infringement on freedom of expression" is the biggest problem. They announced plans to collect cases of damages, file a constitutional complaint, and push for a revision of the law as a party platform.

[Jeong Jeom-sik / Floor Leader of the People Power Party: This 'gag law' is an evil law. And it is unconstitutional. We will file a constitutional complaint.]

The core issue is who holds the authority to determine what constitutes "false and manipulated information."

The government emphasizes that it is not the arbiter. It explains that large online platforms will first determine if information is false or manipulated and take action. If a poster objects, they can request mediation from the Dispute Mediation Division of the Broadcasting, Media, and Communications Standards Commission (BMCSC), an independent body, or seek a court ruling.

The government further explains that the Dispute Mediation Division only mediates and does not review the content of the posts themselves.

However, the People Power Party expresses concern that the BMCSC itself is under the influence of the current administration.

Furthermore, large platforms can request verification of posts from domestic fact-checking organizations certified by the International Fact-Checking Network (IFCN). The issue, however, is that these organizations can receive support from the "Transparency Center" under the Broadcasting, Media, and Communications Commission.

While the government explains that the center only provides support and does not participate in verification, the People Power Party counters that these organizations cannot be free from government influence due to state funding.

Other key issues include the possibility of platforms engaging in excessive censorship to avoid controversy, the potential for inconsistent judgment criteria across different platforms, and concerns regarding the fairness of criteria such as the 100,000-subscriber threshold for punitive damages.

(Reported by Lee Seung-hwan and Shin Dong-hwan | Video by Won Hyeong-hui | Graphics by Jegal Chan and Hwang Se-yeon)
※ Please note: This article was translated by AI and may contain errors.