Written by suwannews
'False News Prohibition Act' Takes Effect Today
From now on, spreading false or manipulated information on social media will result in a fine of up to 1 billion won.
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Will Private Conversations Also Be Penalized?
Q. Can you be penalized for private messages or group chats on KakaoTalk?
The answer is No!
Private conversations are exempt: KakaoTalk one-on-one chats and regular group chats are not subject to this law.
Only public spaces are covered: The law applies only to open chats, social media, blogs, and community posts that anyone can view.
Only public spaces are covered: The law applies only to open chats, social media, blogs, and community posts that anyone can view.
Are Simple Mistakes Also Penalized?
Q. Will I be penalized automatically if I post something that isn’t true?
Innocent mistakes are exempt! 🙅♂️
Comprehensive assessment: The authorities consider 1
) whether you knowingly and intentionally spread false information,
2) whether you intended to gain unfair advantage or cause harm, and 3) whether actual harm was caused.
Guarantee of Freedom of Expression: Simple opinions, criticism, satire, and parody are generally exempt.
Comprehensive assessment: The authorities consider 1
) whether you knowingly and intentionally spread false information,
2) whether you intended to gain unfair advantage or cause harm, and 3) whether actual harm was caused.
Guarantee of Freedom of Expression: Simple opinions, criticism, satire, and parody are generally exempt.
Who makes the determination?
Q. Does the government determine whether something is fake news?
The government does not censor content directly! 🔍
Platform Self-Regulation: Major platform operators, such as Naver and YouTube, make determinations based on their own operating policies.
(However, there are concerns about the independence of fact-checking organizations consulted by these platforms, as they receive government support!)
(However, there are concerns about the independence of fact-checking organizations consulted by these platforms, as they receive government support!)
Penalty Levels
Q. What are the penalties if caught?
Stricter penalties for defamation: The maximum fine for defamation based on false facts has been raised from 50 million won to 70 million won! Criminal proceeds will be confiscated or forfeited.
Punitive damages: If you intentionally cause harm, you will be liable for civil damages.
Punitive damages: If you intentionally cause harm, you will be liable for civil damages.
Eligibility for Damages
Q. Who is subject to “punitive damages”?
– It applies to influential “professional content creators”! 🎥
– 100,000 or more
subscribers – Or an average of 100,000 or more monthly views, etc
. – If they intentionally distribute false information and cause harm, they must pay up to five times the amount of damages.
– 100,000 or more
subscribers – Or an average of 100,000 or more monthly views, etc
. – If they intentionally distribute false information and cause harm, they must pay up to five times the amount of damages.
Fines and Post Removal
Q. What happens if false information is repeatedly disseminated?
Fines of up to 1 billion won: If content confirmed by a court to be false is repeatedly disseminated for profit, the government may impose fines.
Will it be deleted immediately upon reporting? The government does not force deletion; platforms make the decision autonomously.
(However, there are concerns that platforms might take down posts proactively to avoid controversy.)
Will it be deleted immediately upon reporting? The government does not force deletion; platforms make the decision autonomously.
(However, there are concerns that platforms might take down posts proactively to avoid controversy.)
