South Korea considers narrowing defamation law to protect privacy

South Korea's defamation law, specifically concerning "factual defamation," may soon see significant changes. An advisory committee under the Ministry of Justice has proposed amending the law to punish such cases only when they involve a "serious invasion of privacy."

The committee's recommendation aims to narrow the scope of the law, addressing long-standing criticisms that it excessively restricts freedom of expression. Recent controversial cases, such as the public disclosure of parents who failed to pay child support and a worker protesting an employer's wage theft, have highlighted the law's broad application.

President Lee Jae-myung previously ordered a review of the law's abolition last November, citing similar concerns. However, completely eliminating the law could leave individuals vulnerable to the indiscriminate disclosure of private information, such as health details or sexual orientation, by certain online content creators.

The Constitutional Court has previously upheld the law, stating its abolition could lead to a "serious invasion of privacy and freedom." The committee's decision to restrict, rather than abolish, the law reflects this concern. The current law is notably stricter than those in countries like Germany and France, which primarily punish defamation based on false statements, and the United States, where defamation is largely handled through civil litigation. In South Korea, approximately 1,500 cases of factual defamation were prosecuted in 2024 alone, raising fears that even reasonable criticism based on facts could be stifled.