[In-Depth Look] YouTube, Elections, and Fake News

Fake news is eating away at our society. Fake news claiming that the government sent 3 million masks while kowtowing to China, or that a businessman colluded with the government to reap billions of won in speculative profits, is sweeping through local political circles. By cleverly mixing 99% truth with 1% falsehood, it becomes difficult to discern what is true.

Politics and fake news are inseparable. Fake news has been rampant in politics for hundreds of years. George Washington, the first president of the United States, was once plagued by allegations that he wrote a letter as commander-in-chief of the Continental Army stating that American independence was impossible. When the actual letter was revealed, Washington had to explain it, but it was later found to be an attack by political opponents using a forged letter. President Lincoln also suffered from fake news claiming that his goal in freeing black slaves was not to create a "Free America" but a "Free Africa."

Attacking opponents and the resulting loss of trust directly lead to increased support and election victories, so fake news and politics are inevitably closely linked. Therefore, politicians always devote great effort to fake news and its dissemination. From negative types alleging receipt of political funds or illegal acts to positive types emphasizing connections with influential figures, fake news appears in various forms.

Recently, YouTube has become a channel for distributing fake news. Political parties and politicians are already actively using video platforms like YouTube. However, there is almost no way to stop fake news in reality. Issues related to videos are usually handled by the Korea Communications Standards Commission, but YouTube, which is not considered broadcasting under the Broadcasting Act, is exempt from review. In fact, if "broadcasting" is interpreted as a channel that disseminates specific matters to an unspecified majority from a public perspective, it is natural that a one-person media (YouTube) with over 1 million subscribers and more than 10 million video views is subject to regulation, rather than a broadcast program with only a 1% viewership.

Of course, fake news on YouTube is not entirely unpunishable. Defamation of others, obstruction of business, especially interference with official duties, can be punished under the Information and Communications Network Act or the Criminal Act. However, if no harmful result occurs, punishment is impossible. Furthermore, to punish the act itself, special circumstances such as forging official documents to spread fake news must exist. Because of this, there is a regulatory blind spot where simple fake news cannot be punished.

Many foreign countries have gone through similar processes. They have acted swiftly to reduce the harms of YouTube. France is enforcing the "Law on the Fight Against Manipulation of Information" to regulate fake news. During election periods, if false information is found, a court order can halt its spread within 48 hours. Especially for fake news causing significant social harm, emergency decision powers can be exercised to block and delete sites by regulatory agencies.

Germany has taken a more fundamental approach than France. Germany enacted the "Network Enforcement Act," which requires immediate deletion and imposes fines for content that includes crimes or threats disturbing public peace and order, hate, or incitement. Both countries recognize the impact of fake news spread via YouTube and have chosen legal regulation as a way to stop its spread as quickly as possible.

Of course, the Law on the Fight Against Manipulation of Information and the Network Enforcement Act are not perfect. They may infringe on freedom of expression, potentially causing a "chilling effect" that prevents any opinions from being expressed, and may lead to "broad censorship," where platforms like YouTube delete reported posts preemptively to avoid sanctions.

Ultimately, the problem should be solved through media literacy education that can distinguish what is fake, but immediate measures are urgently needed to prevent the chaos of upcoming elections. Neglecting fake news obstructs the accurate delivery of information, leading to the regression of democracy and the collapse of the public sphere. Regulation of fake news can become a powerful means to protect freedom of expression.

Heo Yoon, Senior Spokesperson, Korean Bar Association

This content was produced with the assistance of AI translation services.