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Are we eroding press freedom by fighting fake news?

Published: 21 Aug. 2025, 00:02

Kim Se-ui, head of Hoverlab, left, and attorney Kang Yong-seok, appear at the Seoul Central District Court inv southern Seoul, for their sentencing hearing on June 20, 2023. [NEWS1]

Recent court rulings have sent a clear message: Spreading fake news through YouTube channels is not without consequence. The Seoul Central District Court fined attorney Kang Yong-seok 10 million won ($7,150) and Kim Se-ui, head of the controversial Hoverlab channel, 7 million won for disseminating false claims about then-presidential candidate Lee Jae Myung and his wife on Wednesday, one of them being Lee had a child out of wedlock from an extramarital affair. On the same day, the Busan District Court sentenced two YouTubers to prison for spreading misinformation about the Jeju Air crash, one for 3 years, and the other one for 1 year. These rulings are a welcome step toward restoring accountability in the digital public square.

But while the legal system is rightly cracking down on reckless purveyors of falsehoods, the broader response must be measured. The rise of social media has created fertile ground for sensationalism, where truth is often sacrificed for clicks and advertisement revenue. Fake news, especially when politically charged, regardless of which political sphere they take sides with, doesn’t just mislead — it corrodes public trust and distorts democratic discourse. The damage is real, and the urgency to act is understandable.

President Lee's call for the Ministry of Justice to explore ways to curb fake news on YouTube reflects this urgency. Yet the solution must be carefully calibrated. Equating personal YouTube channels with traditional media outlets and subjecting both to the same regulatory framework is misguided. Unlike established news organizations, personal channels lack editorial oversight and institutional accountability. They are not bound by journalistic ethics, nor do they serve the same public function. Sweeping regulations that lump legacy media and YouTube channels together risk conflating fundamentally different entities.

Even more troubling is the push for punitive damages legislation. While intended to deter false reporting, such measures could have a chilling effect on legitimate journalism — especially investigative reporting that holds those with power accountable. Korea already has mechanisms in place to address media misconduct, including the Press Arbitration Commission, disciplinary measures by the Korea Communications Standards Commission and civil litigation. Adding punitive damages to the mix may tip the balance too far, discouraging scrutiny of public officials and undermining the public’s right to know.

The fight against fake news must not become a pretext for eroding press freedom. It is entirely possible — and necessary — to hold bad actors accountable without threatening the vital role of the media in a democratic society. We must not burn down the house of free expression just to catch the bedbugs of misinformation.

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.