Blacklist, Power Abuse, and Sexual Harassment Eradication... Artist Rights Protection Act to Take Effect on the 25th

Report of Rights Infringement Received via Artist Sinmung-go
Ensuring Broad Creative Activities Including Unfair Practices and Freedom of Expression Violations

The "Artist Rights Protection Act," which broadly guarantees artists' freedom of creative activities by expanding the scope of rights protection to include unfair practices, infringement of freedom of expression, and victims of sexual harassment and sexual violence, will be enforced starting from the 25th. Photo by Ministry of Culture, Sports and Tourism

[Asia Economy Reporter Kim Heeyoon] Freelancer performing artist A suffered from sexual harassment by C, who was hired as a performance director by arts entrepreneur B, during the rehearsal process after signing a contract to participate in B’s performance work. A sought legal remedies, but the current Gender Equality in Employment Act is premised on the relationship between employer, superior, employee, and other employees regarding 'workplace sexual harassment,' making protection under existing law impossible. However, under the newly implemented Artist Rights Protection Act, cases like A’s can now be reported and victims can receive relief.

The

“Artist Rights Protection Act,” which broadly guarantees artists’ free creative activities by expanding the scope of rights protection to include unfair practices, infringement of freedom of expression, and sexual harassment and violence,

will be enforced starting on the 25th.

The Ministry of Culture, Sports and Tourism announced on the 23rd that the Artist Rights Protection Act, enacted on September 24 last year, will be enforced from the 25th. Through this, not only artists but also prospective artists such as art university students and writer apprentices will be protected from power abuse and sexual harassment.

Until now, artists’ rights protection was only available under the Artist Welfare Act when unfair practices occurred in situations where artists signed contracts with arts entrepreneurs or were in contract.

However, with the enforcement of the Artist Rights Protection Act, protection will be provided against unfair practices such as △ coercion of unfair contract terms △ refusal of profit distribution △ obstruction, instruction, or interference in artistic activities △ improper use or provision of artist information △ setting or changing disadvantageous transaction conditions.

Additionally, protection under this law will cover △ free artistic activities and dissemination of achievements △ prohibition of discriminatory treatment in art support projects △ prohibition of fairness infringement acts such as list-making in the selection process of art support projects △ and sexual harassment and sexual violence victims.

Artists whose rights have been violated can report through the Artist Rights Protection Support Center (Artist Hotline) and receive psychological counseling, legal advice, and medical expense support.

The Ministry of Culture, Sports and Tourism will investigate the facts and, if rights violations are confirmed, request relief measures such as investigation by relevant agencies. It can also issue corrective recommendations and orders. The Ministry and the Korea Artist Welfare Foundation plan to provide sufficient support so that victimized artists can report with confidence.

With the inclusion of unfair practice prohibition provisions in the Artist Rights Protection Act, the existing unfair practice prohibition provisions under the 'Artist Welfare Act' will be deleted starting from the 25th.

According to the Ministry, since June 2014, 1,470 reports of unfair practices under the Artist Welfare Act have been received. The Ministry has completed measures for 1,397 cases, including 291 cases resolved before recommendations, 650 cases supported through litigation, 32 corrective actions, and 28 reconciliations. Cases currently being processed will be handled as reports under the Artist Rights Protection Act.

A Ministry official said, “Through the Artist Rights Protection Act, we can prevent rights violations against artists and provide strong relief to victims.” He added, “One of the reasons global content like ‘Squid Game’ could be created is the guarantee of creators’ autonomy. The Ministry will continue efforts to support artists’ autonomy and creativity.”

Meanwhile, the Ministry has allocated 82.8 billion KRW in the next year’s government budget to improve artists’ rights and welfare, an 11.3% increase from this year.

The budget will be used for ▲ administrative investigations and victim support systems related to rights violations and sexual harassment/violence (increase of 1.3 billion KRW) ▲ expanded support for creative preparation funds (20,300 people, an increase of 2,000) ▲ acceleration of the art activity certification review process (expansion of dedicated personnel by 8) and other initiatives.

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