Prosecuting false rumors

False rumors are groundless or exaggerated talk. Korea first had legal grounds for punishing fabricating or spreading false rumors in February 1973, when it revised a law punishing minor offenses. The revision added to the law a clause on prosecuting those who distort, fabricate and spread rumors that could harm social order or cause social disturbances. A year after the 1987 pro-democracy movement, however, the National Assembly removed the clause on the grounds that increased freedom of expression rendered the clause ineffective.

It is an established theory that the volume of false rumors is inversely proportional to the level of freedom of expression. In the age of the Internet and social networking services, which allows each individual to become a reporter and a medium, however, false rumors do not just disappear. Rather, groundless rumors taking advantage of freedom of expression could increase, with their damage incomparably bigger than in the past. A few examples were seen during the mad-cow beef protests in 2008 and after North Korea’s attacks on the South Korean warship Cheonan and the frontline island of Yeonpyeong. The recent spread of false rumors about the South Korea-U.S. free trade agreement is another case in point.

The Constitution guarantees freedom of speech for the people but also stipulates that this should not violate other people’s honor or rights, public morals or social ethics. Since Clause 1 of Article 47 of the Framework Act on Telecommunications was declared unconstitutional in December last year, the country no longer has a legal basis for punishing those who spread false rumors via the Internet with the intention of causing a social disturbance. In the absence of such a law, those charged with spreading false information via mobile phones or the Internet after the Cheonan and Yeonpyeong incidents were released.

Prosecutors announced Monday that they will take legal action against those who instigate violence and illegal collective action or disseminate false information via social networking sites and the Internet. Lawmakers of both the ruling and opposition parties protested the plan, calling it an “anachronistic idea” that will interfere with free expression of opinions. Considering the enormous power of social networking services and the Internet, malicious false rumors can no longer go on with impunity. Aware of the lack of legal grounds for their planned crackdown, prosecutors later explained that they intended to investigate only those who spread false information that defamed others. It is irresponsible for the National Assembly to criticize prosecutors while doing nothing about the legal vacuum left by the unconstitutional decision of the Framework Act on Telecommunications.

Editorial Writer Kwon Sun-taek (maypole@donga.com)