Amended online information law faces constitutional challenge two days after taking effect

An amended telecommunications law banning the distribution of false and manipulated information has been referred to the Constitutional Court just two days after taking effect.

Legal circles have raised concerns that the law infringes on freedom of expression and that its provisions are too vague to pass constitutional muster. The People Power Party has also announced plans to file a separate constitutional petition, signaling the start of a full-blown legal battle.

Attorney Kong Won-jun of law firm Dongin filed a constitutional petition Thursday seeking a ruling of unconstitutionality against Article 44-7, Paragraph 1, Subparagraph 2-2 of the amended Act on Promotion of Information and Communications Network Utilization and Information Protection, according to legal sources.

The provision designates as illegal any content that "publicly incites direct violence or discrimination against a specific individual or group on the grounds of race, nationality, region, gender, disability, age, social status, income level or financial standing, or that seriously fosters hatred and significantly undermines human dignity."

Kong said the definitions of the listed terms, including "discrimination," are too vague to satisfy the constitutional principle of clarity. He argued the law ultimately amounts to a rule that can be bent to mean whatever the enforcer wants, stifling free speech in the process. The People Power Party has also criticized the amended law as a "gag law" and announced it will file its own constitutional petition.

The amended law passed the National Assembly under the leadership of the Democratic Party of Korea and took effect Tuesday. It allows media outlets and YouTubers who intentionally distribute false or manipulated information to be held liable for punitive damages.