South Korea urged to shift digital sex crime laws from reactive to proactive measures

South Korea faces a growing challenge from increasingly sophisticated digital sex crimes, prompting calls for a fundamental shift in its legal and systemic approach. A roundtable discussion hosted by Amnesty International Korea on August 27th emphasized the need to move beyond a reactive stance, which primarily focuses on apprehending perpetrators and deleting illegal content, towards a more proactive strategy centered on preventing further dissemination and aiding victims in their recovery.

“

The past year has seen a 227.2% increase in deepfake-related damages compared to the previous year. The victim structure, which was centered on illegal filming, has rapidly reorganized.

Recent data reveals a dramatic increase in crimes involving deepfake technology, with a 227.2% rise reported in the past year. This trend signifies a significant shift from traditional illegal filming to the creation and distribution of synthetic media, often without the victim's knowledge, leading to severe secondary victimization. The Seoul Metropolitan Police Agency reported arresting 3,557 individuals in connection with cyber sex crimes last year, with deepfake offenses constituting the largest category at 35.2%. Alarmingly, teenagers accounted for 47.6% of all arrested individuals, and over 90% of deepfake perpetrators were between the ages of 10 and 20.

“

Blocking illegal sites is still only effective within South Korea, and strengthening punishment for adolescents, who make up a significant portion of perpetrators, cannot be a preventative measure.

Experts argue that current laws have been insufficient, often acting as "after-the-fact remedies." Challenges include the limited effectiveness of blocking illegal sites to domestic users only and the inapplicability of stricter penalties for adolescent offenders as a preventative measure. Furthermore, fragmented inter-agency cooperation hinders comprehensive victim support. "The law has still not caught up with the reality of digital sex crime victims," stated Hur Min-sook, a researcher at the National Assembly Research Service. She proposed mandatory safety designs for overseas platforms, requiring them to appoint domestic representatives and implement emergency blocking measures. A seamless connection between the juvenile justice system, school protection frameworks, and digital citizenship education is also deemed crucial.

“

We need to mandate domestic representatives and emergency blocking responsibilities for overseas platforms to enable proactive safety design, and ensure seamless linkage of the juvenile justice system, school protection frameworks, and digital citizenship education.

Beyond technical and systemic adjustments, a conceptual redefinition of digital sex crimes is also advocated. Kim Yeo-jin, head of the Korea Cyber Sexual Violence Response Center, suggested reframing these offenses not as violations of public morals, but as infringements of personal rights. "Current laws define digital sex crimes as acts involving the creation, distribution, or possession of a person's body that can evoke sexual desire or shame. This premise assumes digital sex crimes are problematic because they violate public morals due to the obscenity of exposed body parts," Kim explained. Shifting the legal framework to focus on the violation of personal rights, rather than public morals, could lead to more effective legal recourse and protection for victims.

“

Current laws define digital sex crimes as acts involving the creation, distribution, or possession of a person's body that can evoke sexual desire or shame. This premise assumes digital sex crimes are problematic because they violate public morals due to the obscenity of exposed body parts.