'Cyber-Lecker Prevention Act' Legislative Petition Appears"Cyber-Lecker Fake News Should Be Compensated for Punitive Damage"
Aug 12, 2024
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Lawyer Noh Jong-eon and Lawyer Ongang Lee Go-eun of the law firm said in an official announcement on the 12th that they have filed a petition for the National Assembly's consent to the amendment of Article 70 of the Information and Communication Network Act (the so-called 「Cyber Reckoning Prevention Act」), which reflects the confiscation of profits and punitive damages caused by the spread of fake news by cyberreckers.
They were born with "YouTuber "Entertainment Director Kim Yong-ho", and cyber-leakers produced numerous fake news, and many celebrities suffered enormous damage to their fake news. However, little damage relief has been done for them, and it is the current reality that more cyber-leakers are generated and fake news is being mass-produced out of control. "The reason is that in the case of defamation of false facts, the investigation period is very long, while the amount of damages to the sentence and the victim is very low. It takes at least two years from the investigation to the court ruling, and the amount of compensation for damages, such as alimony to the victim, is only 5 million won to 20 million won, he claimed.
According to data from the Supreme Prosecutors' Office, only 1,889 (21.7%) of the 8,712 cases received for defamation under the Information and Communication Network Act in 2023 were put on trial, and 1,609 of them were closed with summary fines. In other words, defamation under the Act on Promotion of Information and Communication Network Utilization and Information Protection (hereinafter referred to as the "Information and Communication Network Act") stipulates up to seven years in prison or a fine of up to 70 million won, but it is a reality that 85.2% of those charged will be fined."
"The reason why indiscriminate fake news against celebrities continues to be mass-produced is that these current legal structures and practices have structural problems that make great profits for cyber-leakers."Those who argued that "The reason why society gives social responsibility, neutrality, and fairness to the media is that the formation of healthy public opinion is a constitutional demand to defend freedom of speech, the core value of liberal democracy. However, so-called cyber-leakers frequently collect enormous YouTube profits as pseudo-media or extort money and valuables from victims under the pretext of broadcasting while avoiding these social responsibilities, neutrality, and fairness of the media. Unfortunately, however, it is difficult to prevent this under the current legal system."
The main point of the Cyber Recorder Prevention Act is to use all profits received by Cyber Recorder from mass production of fake news (channel revenue, advertising revenue, revenue obtained from blackmail) to recover damage to victims affected by fake news, or to create a system in which the state confiscates and collects all of the above profits.
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