Journalists Face Punishment for Covering Wars Without Foreign Ministry Approval, Constitutional Challenge Planned

Reporting from a war zone without prior approval from South Korea’s Foreign Ministry can lead to criminal punishment. Independent journalist Jang Jin-young is now asking the Constitutional Court to decide whether that system itself violates the Constitution.

Jang traveled to Ukraine for about two weeks in March 2022, shortly after Russia invaded, and later published his work in media outlets including SisaIN. After returning to South Korea, he faced prosecution for violating the Passport Act and received a summary order imposing a 5 million won fine. He sought a formal trial and asked the court to refer the law for constitutional review.

The first-instance court took about three years to issue its decision. On Aug. 12, it confirmed the fine and rejected the constitutional review request. The case centers on provisions that restrict travel to countries designated by the Foreign Ministry because of war, terrorism and other dangers. The law allows journalism as an exception, but only after the foreign minister approves the reporting plan. The ministry can also decide the specific locations and duration of the assignment.

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The prior authorization, criminal punishment and other excessive layers of regulation have caused a serious chilling effect for all journalists considering reporting from conflict zones, especially freelance journalists who lack the protection of an organization.

At a Sept. 2 news conference at Seoul Press Center, 15 media and civic organizations announced their support for Jang’s constitutional complaint. His lawyer, Borami Kim, argued that the system amounts to the prior authorization prohibited by Article 21 of the Constitution, which protects freedom of speech, the press, assembly and association.

The court said the potential personal danger faced by South Koreans traveling through conflict zones outweighed the need to guarantee reporting freedom. Kim disputed that reasoning, saying no OECD country operates a comparable permit system for conflict-zone reporting. She said the combination of prior approval and criminal penalties has a serious chilling effect on journalists, particularly freelancers without the protection of large news organizations. Jang’s side plans to submit the complaint to the Constitutional Court on Sept. 3.

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Even from a comparative-law perspective, there is no OECD country that operates conflict-zone reporting through a permit system like South Korea.