South Korea weighs anti-discrimination law to combat online hate speech

South Korean President Lee Jae-myung has signaled a tougher stance against online hate speech, particularly targeting platforms like Ilbe that allegedly foster such content. This move has intensified discussions around regulating hateful expressions prevalent in far-right online communities.

“

It is necessary to publicize the need for punishment of abusive and hateful expressions under strict conditions, and the closure of sites like Ilbe.

However, civil society and experts point out the limitations of a reactive, "cat-and-mouse" approach to directly penalizing hate speech, which has evolved into meme-like formats. They argue that such regulations could infringe upon freedom of expression, citing the difficulty in defining and prosecuting evolving forms of online mockery. The precedent of the 'Act on the May 18 Democratization Movement' being narrowed from broad prohibitions to 'dissemination of false information' due to free speech concerns is noted.

Instead, a growing consensus suggests prioritizing the enactment of a comprehensive anti-discrimination law, which has been stalled in the National Assembly for two decades. This law would focus on prohibiting and regulating discriminatory acts in public spheres like employment and education. By establishing clear boundaries against discriminatory behavior and harassment in daily life, society could foster an atmosphere where hate speech is also less tolerated.

“

To create a law that could infringe upon freedom of expression as a constitutional basic right, the 'excessive restraint and clarity principles' must be observed, which means specific expression content must be prohibited.

Proponents argue that while an anti-discrimination law may not directly regulate hate speech, it serves as a crucial "breakwater" against the spread of hateful sentiments into public domains. By clearly defining unacceptable actions, it can help prevent hate from escalating into tangible discrimination and harm, thereby indirectly curbing the proliferation of hate speech.

“

Although the Anti-Discrimination Act does not directly regulate extensive hate speech, it will serve as a breakwater to prevent memes and hate circulating on the internet from spreading into the public domain, by clearly defining the minimum standards of behavior our society cannot tolerate.