[Reporter’s Notebook] Should Hate Speech Against Comfort Women Also Be Tolerated as "Freedom of Expression"?

"Comfort women are not victims of wartime sexual assault," and "Remove the Statue of Peace, a symbol of lies and hatred, immediately." These are the slogans put forward by a conservative group that has been holding rallies earlier this year insulting the victims of the Japanese military comfort women system and the Peace Statue that symbolizes them. In response, President Lee Jaemyung issued a stern message, stating, "There are limits to freedom of expression," adding, "Just as I have my own freedom, others have theirs as well, and in a society where we live together, order, morality, and laws exist." This remark can be interpreted as emphasizing the constitutional value of the right to pursue happiness. It means that having dignity and value as a human being, as well as the right to pursue happiness, must be protected equally alongside the freedom of expression.

Following President Lee's strong criticism, a bill prohibiting defamation and the dissemination of false information about comfort women victims gained momentum and passed the National Assembly Gender Equality and Family Committee on February 5. However, after discussions between the ruling and opposition parties, the bill ended up being a watered-down version. While it bans defamation, it omits punitive measures, and an exception was added regarding the dissemination of false information. If false information is shared for the purpose of art, academia, research, or reporting, or for similar purposes, it will not be subject to punishment. This exception clause is an exact copy of the one in the Special Act on the May 18 Democratization Movement, maintaining mechanical neutrality. The Ministry of Gender Equality and Family explained, "We considered harmony with constitutional basic rights by excluding legitimate freedom of expression from punishment." Amid a situation where the number of surviving comfort women victims is steadily declining, the provision to penalize acts of damaging the Peace Statue symbolizing them was also omitted during the legislative process.

There are concerns that, even after the amended law takes effect, hate speech or insulting expressions targeting comfort women victims that incite hatred or violate human rights may continue under the pretext of freedom of expression. Above all, it is worrisome that a clear case of wartime victimization and a women's human rights issue remains at the center of political and ideological conflict. Correcting distorted views of history is a shared responsibility, regardless of whether one is conservative or progressive.

Yonhap News Agency

The government and ruling party must not fall into the trap of selectively applying freedom of expression based on political interests. The government is currently promoting a legal revision that would remove the exception clause excluding party banners from permit, notification, and regulation requirements. This would repeal the law established in 2022 under the leadership of the Democratic Party, which aimed to guarantee freedom of political expression and party activities. Minister of the Interior and Safety Yoon Hojoong has been making efforts to meet with Cho Kuk, leader of the Cho Kuk Innovation Party, to ensure the bill's passage. The value of freedom of expression risks becoming subordinated to political advantage, as if it were merely a bargaining chip between ruling and opposition parties. There must be clear principles and standards to restrict freedom of expression in cases of hate speech and discrimination that seriously undermine human dignity and disrupt social order.

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