"Amended ICT Network Act Infringes on Freedom of Expression"... National Assembly Ignored Deliberation and Enforced Implementation

It has been confirmed that specific concerns had already been raised during the National Assembly's deliberations regarding the amended Information and Communications Network Act, which continues to spark controversy over freedom of expression violations. At the time, the National Assembly raised concerns about potential burdens from punitive damages and the possibility of trade friction between South Korea and the United States, yet the amendment was enacted as is.

The amended Information and Communications Network Act, which went into effect on July 7, 2026, stipulates that liability for damages will be imposed for the distribution of illegal or false and manipulated information. It also mandates that large-scale information and communications network operators must delete or block false and manipulated information. Due to this, academic circles in media studies and others have criticized it as the "Muzzle Law," implying restrictions on speech.

According to deliberation documents from the Legislation and Judiciary Subcommittee in December 2025, obtained by Law Times, the chief expert of the Science, ICT, Broadcasting, and Communications Committee in the National Assembly stated, "Prohibiting the distribution and punishing information solely on the grounds that it is false or manipulated, even when it does not infringe on concrete rights, may excessively restrict freedom of expression and the freedom of the press and publication." The expert further explained, "If the obligation to prevent the distribution of false and manipulated information is imposed on operators and users, despite disagreements over the concept and criteria for such information, it could impose excessive burdens on operators and restrict users' freedom of expression."

The Broadcasting and Media Communications Review Committee also pointed out, "According to the constitutional principles of freedom of expression and the principle of nulla poena sine lege (no punishment without law), there must first be social consensus on false and manipulated information," adding, "It is necessary to clarify the concept and scope of false and manipulated information that could otherwise be interpreted too broadly or ambiguously, for example, as being for 'economic or political interests.'"

Concerns were also expressed about the system of punitive damages. The chief expert stated, "There is a need to discuss whether the system of punitive damages, in cases where it overlaps with criminal penalties, may violate the principle of proportionality, as well as to consider factors such as the scope of application and elements the courts should consider when calculating the amount of damages."

The Broadcasting and Media Communications Review Committee commented, "Punitive damages is a compensation system where both the criminal purpose of punishing malicious acts and the preventive purpose of deterring future violations are combined with civil liability," adding, "There are concerns that this could excessively shrink freedom of expression."

The possibility of trade friction between South Korea and the United States was also included in the review documents. The Korea Internet Corporations Association pointed out that the U.S. government has continually expressed concerns about expanding regulations targeting domestic big tech companies such as Google (YouTube) and Meta.

In fact, on August 6, 2026, U.S. House Judiciary Committee Chairman Jim Jordan published a letter of protest against the implementation of the amended Information and Communications Network Act on his X (formerly Twitter) account, stating that "the Korea Communications Commission will be able to punish U.S. companies and their users simply for exercising rights protected by the U.S. Constitution."

Kim Jihyun, Law Times Reporter

※This article is based on content supplied by Law Times.

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