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EDBid to tame press

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Ruling party should stop ill-conceived legislation

The ruling Democratic Party of Korea (DPK) is taking flak for trying to silence the press by pushing ahead with a bill aimed at making media outlets pay punitive damages for false reports. On Tuesday, DPK members passed a package of bills at the National Assembly Culture, Sports and Tourism Committee by a vote of four to three. At the center of controversy is a revision to the Act on Press Arbitration and Remedies for Damage Caused by Press Reports.

The revision, if approved by a plenary session of the Assembly, will likely trigger strong repercussions as it is seen as an attempt to gag any media criticisms of the Moon Jae-in administration before the presidential election slated for March 2022. As the revision bill contains many draconian clauses designed to tame the press, we have to express grave concern over the ill-conceived legislation.

Imposing punitive damages on the media could contradict the Constitution that guarantees freedom of the press and could seriously undermine the media's role of criticism. So the bill could be declared unconstitutional. Currently, the Criminal Act and the Civil Act specify the details of punishment and compensation for any defamation and slander. Many scholars are making a case against the bill, arguing that the punitive damage clause could lead to unwarranted punishment.

The revision would require media outlets to pay three to five times the damage caused by false or distorted reports. If it is hard to assess the damage value, the revision stipulates that the minimum amount should be calculated based on the media company's revenue. Even the Ministry of Culture, Sports and Tourism clarified earlier that setting such a minimum amount in this manner was unprecedented.

It is natural for any media company to be subject to due punishment should it publish false reporting or fake news intentionally. Yet punishment should be in accordance with the relevant laws. The punitive damages bill could hurt not only press freedom but also the people's right to know.

The Moon administration has already come under growing criticism for attempting to silence media outlets critical of it. For instance, the court's recent acquittal of a former journalist of the Channel A cable network shows how recklessly the administration has been attempting to tame the press. The court turned down the charges against him that he had sought information on alleged irregularities involving pro-government figures in an "illegitimate" way.

The government has also been criticized for having exercised undue influence over major state-run and public broadcasting companies such as KBS and MBC. The conservative opposition People Power Party (PPP) strongly criticized the DPK's move, describing the bill as a bid to gag the press.

"The bill can bring about a dispute over its constitutionality due to its problematic articles. It also has procedural problems as the DPK failed to consult with the opposition party," PPP spokesman Kang Min-kook said Wednesday. He went on to denounce the DPK for trying to use the bill to create conditions favorable for it ahead of the presidential election by taming critical media outlets.





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