[Promises, Just This] Is Strong Punishment Possible for the 'n번방' Case?

[Asia Economy Reporters Jeon Jin-young and Heo Mi-dam] Voices demanding stronger legislation to punish digital sex crimes are growing louder following the 'Nth Room case,' in which sexual exploitation materials involving women and minors were produced and distributed via the internet messenger Telegram. Regardless of party lines, the National Assembly included tasks related to punishing digital sex crimes as pledges in the 21st general election. However, related bills are still pending in the Legislation and Judiciary Committee, or lack essential provisions for punishment, raising concerns about their feasibility.

[Image source=Yonhap News]

Ruling and Opposition Parties Recognize the Seriousness but...

Both ruling and opposition parties agreed on the seriousness of the incident. Lee In-young, floor leader of the Democratic Party of Korea, said in February before the arrest of the 'Doctor,' "The Nth Room case is a sexual exploitation and human rights violation incident. It is heartbreaking to see such cases spreading like a poisonous mushroom." Lim Yoon-sun, standing spokesperson for the United Future Party's election committee, stated, "We will not tolerate involvement in this unprecedented sexual exploitation video distribution case," and added, "The United Future Party will take the lead, so the ruling party should stop standing idly by."

Ahn Cheol-soo, leader of the People's Party, said, "When announcing our previous pledges, we stated that not only the producers and distributors of illegal filming materials but also consumers would be punished with fines," adding, "Perpetrators initially are consumers, then distributors, and finally producers. This is why punishment for consumers is necessary."

Each party included strengthening punishment for digital sex crimes as a task in their 21st general election pledges. Commonly, they proposed expanding and strengthening penalties related to sexual exploitation videos and implementing management of modified cameras. The Democratic Party proposed measures such as strengthening punishment for purchasers and possessors of sexual exploitation videos, establishing punishment regulations for photo and video synthesis damage (deepfake), and building a tracking information system for modified cameras. The United Future Party announced plans to include threats using videos, regardless of consent to filming, as punishable sexual violence and to provide institutional support for victims of such threats.

[Image source=Yonhap News]

The Justice Party made responding to the Nth Room case its first of three major gender violence pledges. It included specific measures necessary to block distribution structures, such as strengthening supply chain crackdown and punishment, imposing obligations on online service providers, and enhancing international investigative cooperation. The People's Party also proposed rapid deletion and blocking of illegal filming materials and the establishment of a dedicated digital sex crime department.

Core Elements Missing and Lack of Understanding... Criticism on Feasibility

However, concerns have emerged inside and outside the political sphere about whether these pledges can actually be realized. The most frequently cited issue is the National Assembly's 'lack of will.' Bills to strengthen punishment for digital sex crimes and child sex crimes that have already been proposed remain pending. Yoon So-ha, floor leader of the Justice Party, introduced a bill to strengthen punishment for digital sex crimes and establish penalties for violations of online service providers' obligations, but it has not passed the National Assembly for a year. Other bills, such as one proposed by Minju Party lawmaker Yoo Seung-hee requiring online service providers to immediately delete reported illegal filming materials or face sanctions, and an amendment by Minju Party lawmaker Jin Sun-mi to impose heavier penalties on habitual offenders of obscene acts via communication media and illegal filming, are all dormant in the National Assembly.

[Image source=Yonhap News]

The second issue is lack of effectiveness. Experts pointed out the legislative gaps that could arise. Seo Seung-hee, head of the Cyber Sexual Violence Response Center, emphasized, "A 'possession offense' should be established to instill the awareness that even viewing or possessing such materials without distributing them constitutes sexual violence, and provisions to punish distribution threats, which are missing from the current Sexual Violence Punishment Act, should be included." Lawyer Lee Eun-ui also criticized, "They are giving hasty responses to public opinion," adding, "There is a lack of specific content to fill the standards and gaps in law enforcement."

Criticism has also been raised about lawmakers' lack of understanding of the incident. During the first subcommittee meeting of the Legislation and Judiciary Committee discussing a National Assembly petition on resolving digital sex crimes occurring on Telegram, remarks by Ministry of Justice officials and committee members sparked controversy. Kim Do-eup, United Future Party lawmaker, said, "Not all petitions lead to laws." Kim In-gyeom, deputy director of the Court Administration Office, referring to deepfakes?pornographic materials created by synthesizing acquaintances' faces using artificial intelligence (AI)?commented, "I don't know much about it either, but this is also called the 'Nth Room case,' anyway the context is (the same)."

United Future Party lawmaker Jeong Jeong-sik said, "Will it go as far as enjoying videos made just for self-satisfaction alone?" and Ministry of Justice Vice Minister Kim Oh-soo said, "One might think of it as an art piece and create it," drawing criticism for lacking gender sensitivity. Ultimately, the National Assembly passed measures to punish deepfakes as a response to the Telegram sex crime petition.

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