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Analysis Why South Korea’s fake news amendment raises institutional risks beyond intentBy coupling content judgments with civil, criminal and administrative penalties, law alters long-term speech governance South Korea’s newly enacted amendment to the Network Act embeds a durable judgment-and-liability framework that raises long-term governance risks for speech regardless of political intent or who holds power. Passed amid broad concern over the social harms of disinformation, the law fixes a structure that links determinations of falsity to layered civil, criminal and administrative penalties, reshaping the country’s speech environment in ways that will persist across administrations. The central issue for South Korea is how the amendment allocates and enforces authority to judge speech. Once codified, that authority operates independently of today’s political context. © Korea Risk Group. All rights reserved. |





