U.S. criticizes Korea's new law against false information, says it 'endangers tech cooperation'

The United States has expressed concern over Korea’s newly passed law aimed at combating false and manipulated information, warning that it could threaten technological cooperation and grant authorities excessive censorship powers.

Lawmakers pass the antidisinformation bill led by the ruling Democratic Party during a plenary session of the National Assembly’s December extraordinary session in Yeouido, western Seoul, on Dec. 24. [YONHAP]

The United States has expressed concern over Korea’s newly passed law aimed at combating false and manipulated information, warning that it could threaten technological cooperation and grant authorities excessive censorship powers.

The law — an amendment to the Act on Promotion of Information and Communications Network Utilization and Information Protection — was spearheaded by the ruling Democratic Party (DP), passed by the National Assembly and approved by the Cabinet on Dec. 30.

Washington’s immediate public reaction to a domestic law passed by a close ally is rare, and in Korea’s case, represents the first instance of the U.S. government weighing in on the country’s internal legislation.

The U.S. response appears to reflect concerns that the law’s definition of “false or manipulated information” is overly broad or could be applied arbitrarily.

Sarah Rogers, U.S. under secretary of state for public diplomacy, wrote on X on Tuesday that “South Korea’s proposed amendment to its Network Act, ostensibly focused on redressing defamatory deepfakes, reaches much further — and endangers tech cooperation.” The Network Act refers to Korea’s newly approved antidisinformation law.

Rogers added that while deepfakes are a legitimate concern, “it’s better to give victims civil remedies than give regulators invasive license for viewpoint-based censorship.”

Sarah Rogers, U.S. under secretary of state for public diplomacy, wrote on X on Dec. 30 her disagreement with Korea's recent passage of the anti-disinformation bill. [SCREEN CAPTURE]

Set to take effect in July next year, the law allows courts to impose damages of up to five times the proven harm when individuals knowingly and intentionally spread illegal or false manipulated information. It also permits large platform operators to take a range of voluntary measures, including content removal, access restrictions, account suspensions, demonetization and service termination.

The law defines false information as content that is “wholly or partially untrue,” and manipulated information as content “altered in a way that could mislead audiences into believing it to be factual.” Critics argue that these definitions lack clarity and could effectively leave determinations of truth to the government or related authorities — a concern echoed by the U.S. State Department’s reference to giving regulators “invasive license for viewpoint-based censorship.”

Washington’s stance has drawn additional attention as it follows a U.S. decision on Dec. 23 to bar entry to five former senior European Union (EU) officials involved in drafting major tech regulations, citing concerns over restrictions on free expression, a measure that was overseen by Rogers herself.

The United States has long criticized the EU’s Digital Services Act (DSA), enacted in 2022, which allows authorities to impose fines on platforms that fail to curb illegal content, hate speech and misinformation. U.S. Secretary of State Marco Rubio criticized the banned officials’ efforts to “coerce American platforms to censor, demonetize and suppress American viewpoints they oppose.”

U.S. Secretary of State Marco Rubio speaks, after President Donald Trump announced the Navy's ″Golden Fleet″, at Mar-a-lago in Palm Beach, Florida, Dec. 22. [REUTERS/YONHAP]

Korea’s new law similarly applies to U.S.-based online platforms. The original bill explicitly cited the DSA as a model, stating that it sought to “impose legal obligations on large platforms to ensure rapid responses to illegal and false information.”

Analysts say this approach clashes with Washington’s recent policy direction of pushing back forcefully against foreign regulations that could constrain U.S. tech firms. If platforms such as YouTube, X or Google face pressure to restrict content in Korea under the law, critics warn it could effectively curb the operations of U.S. companies.

The amendment also establishes a “Transparency Center” (translated) under the Korea Media and Communications Commission to support fact-checking efforts, which opposition parties have criticized as a “government-friendly monitoring body.”

Such concerns appear to be agreed on in Washington policy circles.

Victor Cha, a Korean American political scientist and Korea chair at the Center for Strategic and International Studies, told the JoongAng Ilbo on Wednesday that the recent U.S.–Korea joint fact sheet is intended to prevent legislation and regulation from being used as tools of market protectionism — an issue the Trump administration is clearly focused on.

The fact sheet released last month following the Korea-U.S. summits states that both governments “commit to ensure that U.S. companies are not discriminated against and do not face unnecessary barriers in terms of laws and policies concerning digital services, including network usage fees and online platform regulations.”

Cha’s remarks suggest that the Korean law could run counter to the spirit of that agreement.

The United Nations is also reviewing a petition submitted by Korean civic groups regarding the law. A working group of lawyers and activists has requested that the UN special rapporteur on freedom of opinion and expression issue an urgent appeal to the Korean government. UN officials responded that they are aware of the matter and are considering appropriate action.

If special rapporteurs determine that the concerns are valid, they may send a formal letter to Seoul. In 2021, a similar intervention by a UN rapporteur during controversy over revisions to Korea’s media arbitration law — which sought to impose a harsh fivefold increase in penalties on media outlets that released false or misleading news reports — contributed to the DP withdrawing the bill amid domestic and international criticism.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom. BY PARK HYUN-JU [shin.minhee@joongang.co.kr]