What Do You Think About Politicians' Immunity from Criticism Over 'Naeronambul'?

Advance Notice of Forced Passage of 'Media Arbitration Act' Faces Criticism Within Party
"No Measures to Prevent Politician-Generated Fake News"

Song Young-gil, leader of the Democratic Party of Korea, is speaking about the amendment to the Media Arbitration Act at the Supreme Council meeting held at the National Assembly on the 23rd. [Image source=Yonhap News]

[Asia Economy Reporter Heo Midam] As the ruling party is set to pass the amendment to the "Act on the Mediation and Relief of Damage in the Press" (Press Mediation Act), which stipulates punitive damages for false and manipulated reports, at the National Assembly plenary session on the 25th, controversy surrounding the issue is intensifying. Voices expressing concern over the shrinking of 'freedom of expression' are also emerging among the Democratic Party presidential candidates.

Meanwhile, opinions pointing out politicians' "say anything" style of spreading false information are also appearing. Since politicians can exploit immunity privileges to avoid judicial issues even if they spread unverified information, there is a view that countermeasures are necessary. Some criticize this as "hypocrisy even in fake news."

Earlier, the Democratic Party forcibly passed the amendment to the Press Mediation Act at the full meeting of the National Assembly's Culture, Sports and Tourism Committee on the 19th. The amendment mainly allows for claiming up to five times punitive damages for false or manipulated reports by media outlets. Currently, the opposition parties and media organizations oppose the bill citing infringement on press freedom, among other reasons.

After the bill passed the Culture Committee, Minister of Culture, Sports and Tourism Hwang Hee expressed his gratitude, saying, "I deeply appreciate the resolution. We will do our best to ensure the legislative purpose is achieved through enforcement."

Hwang Hee, Minister of Culture, Sports and Tourism, is responding at the full meeting of the Culture, Sports and Tourism Committee held at the National Assembly in Yeouido, Seoul on the 10th.
[Photo by Yonhap News]

However, separate from the amendment to the Press Mediation Act, voices are emerging pointing out fake news originating from politicians. Just as regulations are imposed on incorrect media reports, there is a need to punish politicians who spread fake news.

In particular, Minister Hwang, who expressed gratitude for the bill's passage, previously caused controversy by using the term "sole perpetrator" to refer to Private A, a soldier who raised suspicions about preferential military leave for the son of then-Minister of Justice Choo Mi-ae.

In September last year, he disclosed Private A's real name and said, "Based on his words and actions, he cannot be seen as the sole perpetrator," adding, "We must thoroughly investigate whether there are accomplices involved in this process," which sparked controversy for treating Private A as a criminal. However, the Anti-Corruption and Civil Rights Commission later recognized Private A as a whistleblower.

As the controversy grew, Minister Hwang apologized, saying, "I regret causing discomfort to the public and Private A due to the inappropriate impression that I treated Private A as a criminal, which was contrary to my intention."

Meanwhile, during the large-scale wildfire in Gangwon Province in 2019, allegations that President Moon Jae-in was drinking alcohol surfaced mainly from opposition parties, causing controversy. At that time, the Blue House emphasized, "Some politicians are politically abusing immunity privileges, and we can no longer tolerate this."

Former Prosecutor General Yoon Seok-yeol, a presidential candidate from the People Power Party, is giving an interview to reporters after expressing his position on the amendment to the Media Arbitration Act, which the ruling party forcibly passed alone, at the National Assembly Communication Office in Yeouido, Seoul on the 22nd.
[Image source=Yonhap News]

The reason lawmakers make "reckless" political disclosures is related to immunity privileges. Article 45 of the Constitution stipulates that "Members of the National Assembly shall not be held responsible outside the National Assembly for their speeches and votes conducted in the course of their duties."

In other words, immunity privileges mean that lawmakers are not held accountable outside the National Assembly for speeches and votes made in the course of their duties within the Assembly. This is granted to guarantee free speech and voting within the Assembly. As a result, even if statements made by lawmakers in plenary sessions or standing committees are false, they bear no civil or criminal liability.

Consequently, voices criticizing politician-originated fake news are emerging within the political sphere.

Yoon Seok-yeol, a presidential candidate from the People Power Party, stated on his Facebook on the 12th, "There are many cases where politicians spread 'fake news' using the media or YouTube, but only media regulations are unilaterally strengthened, and there are no measures to prevent 'politician-originated fake news.' The ruling party should not rush and should have sufficient discussions on the problems of this bill."

Experts analyze that the ruling party's insistence on forcibly passing the amendment to the Press Mediation Act despite various controversies is related to the demands of its support base. Political commentator Lee Jong-hoon said, "Democratic Party supporters continuously demand 'media reform.' Due to these demands, they are pushing for the bill despite controversies. Also, the impact on next year's presidential election cannot be excluded. They feel the need to control the media ahead of the election."

He added, "Once the law passes, the media's self-censorship function will be further strengthened. This could shrink media freedom, but the ruling party is aiming for such an effect. It can also be seen as an attempt to block unfavorable articles related to the Democratic Party before the presidential election."

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