Rep. Yang Bunam Proposes Bill to Criminalize Insults Against Specific Countries and Races

Hate Speech and False Information Also Subject to Defamation Charges
"Limits to Freedom of Expression... Hopes to Ease Social Conflict"

Yang Bunam, a member of the Democratic Party of Korea (Gwangju Seo-gu Eul, Public Administration and Security Committee), has sponsored a partial amendment to the Criminal Act that would allow for criminal punishment of the dissemination of false information and insulting remarks targeting specific countries or races. This measure comes in response to growing concerns that hate speech directed at certain groups is fueling social conflict and diplomatic issues, while current laws lack sufficient grounds for punishment.

Yang Bunam, Member of the Democratic Party of Korea.

On November 4, Yang stated, "False information and insulting remarks that demean specific countries, their citizens, or races are being made indiscriminately, far beyond the socially acceptable limits, leading to diplomatic conflicts and even economic damage," adding, "There is a need for legal measures to regulate such acts."

Under current law, defamation and insult charges only apply when the victim is an identifiable individual, making it difficult to punish hate or derogatory remarks against groups. Exploiting this loophole, some rallies have repeatedly featured remarks mocking specific countries or their citizens, resulting in protests from the embassies of those countries and a decline in foreign tourists, among other negative consequences.

The proposed amendment stipulates that those who publicly defame or insult the honor of a specific country, its citizens, or a particular race by stating false facts will be subject to the same penalties as under the current Criminal Act. Defamation by false information would be punishable by up to five years in prison, while insults would be punishable by up to one year in prison or detention.

In addition, considering the nature of acts targeting groups?where it is often difficult to confirm the victim's intent?the amendment excludes the application of the provision requiring a victim's complaint for defamation and the provision requiring a formal complaint for insult.

Yang stated, "Even freedom of expression guaranteed by Article 21 of the Constitution has its limits," adding, "Acts that infringe upon the honor and rights of others or public morality cannot be protected. I hope this will serve as an opportunity to ease conflicts and diplomatic issues caused by indiscriminate hate speech."

This content was produced with the assistance of AI translation services.