Recently, multiple bills have been proposed to abolish criminal defamation for true statements. The Criminal Act amendment bill proposed by Representative Park Joomin in September (Bill No. 2212815) contains provisions to abolish criminal defamation for true statements and insult crimes, and to revise defamation crimes to require victim complaints. The Criminal Act amendment bill proposed by Representative Kim Yongmin (Bill No. 2213079) contains provisions to abolish criminal defamation for true statements. In November, a Criminal Act amendment bill (proposed by Representative Shin Junghoon, Bill No. 2213963) was proposed to limit the application of criminal defamation for true statements only to cases involving ‘significant facts related to private life.’ Additionally, an Information and Communications Network Act amendment bill (proposed by Representative Park Joomin, Bill No. 2212814) has been proposed to abolish criminal defamation for true statements on the internet and to exclude it from illegal information subject to deletion orders.
Open Net Korea has led the effort to abolish criminal defamation for true statements through constitutional complaints, campaigns, forums, organizing and publishing lawyers’ declarations, and more. Open Net welcomes the proposal of bills to abolish or amend criminal defamation for true statements, which will further promote freedom of expression for the people, and urges the National Assembly to pass these bills promptly.
The free formation of opinions and public sentiment by communities through discussion and deliberation based on true facts is the foundation of democracy. However, criminal defamation for true statements, which makes even speaking the truth subject to criminal punishment, makes people afraid to speak the truth itself in this society and conceals numerous truths in society. Criminal defamation for true statements also suppresses various activities exposing social injustices, such as MeToo accusations, consumer reviews, exposing abusive behavior by superiors or those in power, and reporting school violence. This not only violates individual freedom of expression but ultimately conceals unjust truths that should properly be revealed, criticized, and improved in our society, resulting in hindering social progress. Moreover, ‘criminally punishing’ those who speak the truth to protect false or exaggerated reputations formed while the truth is hidden violates the constitutional principle of proportionality and the principle that criminal law should be a last resort.
In 2011, the UN Special Rapporteur on Freedom of Expression and in 2015, the UN Human Rights Committee recommended that the South Korean government abolish criminal defamation for true statements. In 2023, the UN Human Rights Committee recommended considering the decriminalization of all defamation crimes, including defamation by false statements, and at minimum abolishing imprisonment. Recently, a National Assembly public petition demanding the abolition of criminal defamation for true statements has surpassed 50,000 signatures, and a constitutional complaint is also underway again.
Criminal defamation for true statements, which contradicts constitutional principles, international human rights standards, and public legal sentiment, should be abolished promptly. Rather than indiscriminately proposing regulatory bills that could seriously set back press and freedom of expression in response to false information, the National Assembly should promptly pass bills that at least create an environment that does not penalize ‘truth’ and can firmly guarantee the freedom to speak the truth, thereby ensuring that truthful information prevails in this society.
0 Comments