The revised Network Act, commonly known as the "Fake News Punishment Law," took effect Friday. With damages of up to five times now possible for spreading false or manipulated information, this article examines the questions users are most curious about, including who is covered, the scope of punishment, and exceptions.
◇ Punitive Damages of Up to 5x for 'Fake News'; Fines of Up to 1 Billion Won for Repeated Distribution
The core of the revised law is a sharp strengthening of economic penalties against those who spread false or manipulated information. If certain requirements such as intent are met, victims can claim damages of up to five times the amount of loss. In cases where content finally confirmed by a court as illegal or false and manipulated information is repeatedly distributed online, a fine of up to 1 billion won can be imposed. The maximum fine for defamation through statement of false facts has also risen from the previous 50 million won to 70 million won, and new grounds for the confiscation and collection of criminal proceeds have been established.
Those covered include all general users who post and distribute information online, as well as large platform operators. In particular, stricter responsibility applies to large-scale information posters with significant influence, such as YouTubers and influencers with many subscribers and views.
"False information" as defined by the law refers to the act of disguising untrue content as fact and spreading it. A representative example is spreading a rumor that a restaurant operating normally has "closed down." "Manipulated information" refers to the act of distorting photos, videos, audio, or documents through editing or synthesis, including piecing together interview remarks through malicious editing or creating deepfake forged videos using artificial intelligence (AI).
◇ "Group Chats Excluded, Open Chats Included"...Safeguards for Freedom of Expression Also in Place
Not everyone who posts content that differs from the facts will be punished. The court comprehensively considers factors such as: whether the person knew the content was false and intentionally spread it; whether there was a clear purpose to cause harm or gain unjust profit; and whether it actually infringed on personal rights, property rights, or the public interest. Expressing opinions based on objective facts, criticism, satire and parody, and academic debate are in principle not included as false or manipulated information.
The scope of application is also differentiated. Posts on social networking services (SNS), blogs, and online communities are subject to the law, but ordinary KakaoTalk conversations and group chat rooms among acquaintances are excluded from coverage as private domains. However, open-type services in which an unspecified number of people participate, such as "KakaoTalk Open Chat," are subject to regulation.
Although there is criticism that it amounts to "online prior censorship" and a "gag law," the law stipulates that platforms determine whether content constitutes false or manipulated information according to their own autonomous policies. To ensure that press and freedom of expression are not curtailed, procedural safeguards were also put in place, such as excluding reporting for public interest purposes from aggravated damages.
If you have suffered harm from false or manipulated information, you can report it to the platform where the post appeared by attaching the URL and supporting materials, or file a civil lawsuit claiming damages.
