Punitive Damages Exceptions Set... But Toxic Clauses Remain in the Media Arbitration Act

High-ranking Officials and Large Corporation Executives Exempt from Punitive Damages Claims; Experts Warn "Potential for Abuse Remains"... Journalism Scholars Say "Concepts of Malice and Falsehood Are Ambiguous"

[Asia Economy reporters Kum Boryeong and Jeon Jinyoung] Concerns continue that the revised bill on the "Act on the Mediation and Relief of Damage Caused by the Press" (Press Mediation Act) still contains problematic provisions, despite the ruling party’s amendment aimed at addressing criticisms of "gagging the press." On the 13th, Lee Dalgon, the opposition party whip of the National Assembly’s Culture, Sports and Tourism Committee from the People Power Party, told Asia Economy in a phone interview, "The core is to remove the punitive damages system and the right to request blocking of access," adding, "Isn’t the Democratic Party repeatedly revising the law because they made it poorly in the first place?"

The amendment proposed by the Democratic Party the day before stipulates that certain individuals designated by presidential decree, such as high-ranking public officials, elected officials, and executives of large corporations, cannot claim punitive damages. It also clarifies that the burden of proving intentional or gross negligence in media reports lies with the claimant, eliminating ambiguity, and removes the clause requiring an indication that access to the article has been blocked. This reflects acceptance of criticisms that the original burden of proof on media companies was unconstitutional and considers the decline in media credibility due to stigmatization effects.

However, experts believe that these amendments will not fully resolve the issues. Professor Jang Youngsoo of Korea University Law School said, "Although it has been eased compared to before, the problem has not been completely eliminated," and pointed out, "Excluding some influential politicians or companies does not solve the problem, and there remains the possibility of abuse, such as deliberately providing false information to claim damages."

The field of media studies also remains concerned. Professor Choi Jihyang of Ewha Womans University’s Department of Communication and Media criticized, "The fundamental problem is not solved by changes in specific provisions." Professor Choi said, "Concepts like malice and falsehood remain vague, and even media errors arising in the pursuit of truth could be punished," adding, "This could undermine the media’s role in monitoring power." She further emphasized, "The amendment to the Press Mediation Act is based on the intention to shut out and punish media that convey political dissent," and "It does not significantly help prevent the harm caused by fake news, which was the original legislative purpose."

The punitive damages system, considered a representative "problematic provision," remains intact in the amendment. This clause imposes punitive damages up to five times the amount of actual damages in cases of false or fabricated reports. The right to claim compensation from individual journalists also remains. Professor Jang criticized, "Punitive damages are recognized only in a few special laws," and said, "If the right to claim compensation is to be recognized, at least negligence should be excluded. Imposing punitive damages even for negligence would cause significant economic damage to journalists and create an atmosphere of self-censorship, ultimately weakening the media’s function."

The opposition party continues to reject the ruling party’s amendment, maintaining political conflict. Kim Gi-hyun, the floor leader of the People Power Party, said at a meeting with reporters after the party’s floor strategy meeting that day, "The Democratic Party’s law to gag the press should be discarded," adding, "It is only natural to organize the law in a direction that enhances press freedom and the public’s right to know, which is the firm stance of the People Power Party."

Meanwhile, the World Association of Newspapers and News Publishers (WAN-IFRA), the world’s largest press organization with over 15,000 media outlets from more than 60 countries, has also expressed concerns in an official statement that the amendment to the Press Mediation Act could undermine democracy.

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