South Korea's 'Misinformation Eradication Act' Criticized for Stifling Free Speech

A legal battle is unfolding between franchisees of The Born Korea, a company associated with celebrity chef Baek Jong-won, and film director Kim Jae-hwan. The franchisees have filed a disciplinary complaint against lawyer Kim Bora-mi with the Seoul Bar Association, citing her use of the slang term '입틀막' (mouth-gagged) in press releases about their lawsuits against Kim Jae-hwan.

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The lawsuits claim the director's use of the slang term '입틀막' (mouth-gagged) in reporting on their legal battles defamed them.

Kim Jae-hwan, known for his 2011 film 'True Food Show' which exposed paid advertising in the broadcast food industry, has been facing a barrage of lawsuits from The Born Korea franchisees. These franchisees claim their sales have decreased due to his involvement. The director began looking into The Born Korea's issues and supported discussions for amending the Franchise Business Act. However, shortly after he announced he would conclude his activities by the end of last year, the lawsuits began to be filed.

The article draws a parallel between these events and the upcoming "Misinformation Eradication Act" (Information and Communications Network Act), set to take effect on July 7. This law allows for punitive damages of up to five times the actual damages for spreading false or manipulated information, targeting channels with over 100,000 subscribers, including many South Korean media outlets and current affairs YouTubers. The author argues that this law, like existing regulations, lacks clarity and could lead to a chilling effect on free speech, likening it to a "systematic addition to the 'mouth-gagged' system" without clear justification.

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The 'mouth-gagged' law, which is a world first for freedom of expression regulations, is generally a bad omen.

Kim Jae-hwan recently won a case regarding the "origin of daepae samgyeopsal" (a type of thinly sliced pork belly), but even this relatively simple case required significant time and effort. The lawyer's disciplinary complaint against the author was also dismissed after four months. The author expresses concern that individuals lacking time and resources, or unable to afford high legal fees, will struggle to defend themselves against such pressures. The fear is that people will become accustomed to these restrictions, eventually questioning whether such limitations are simply the norm.

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Who controls the past controls the future. Who controls the present controls the past.