South Korea Passes New Law to Criminalize Deepfakes: A Major Move Against Digital Abuse
Image Source: LiveLaw
September 27, 2024: On Thursday, South Korean lawmakers passed a bill that criminalizes not only the production and distribution of deepfake content but also its possession and viewing, signaling a significant escalation in legal efforts to combat this form of abuse. By introducing stricter penalties—including imprisonment and substantial fines—the government aims to curtail the widespread distribution of such content, which has increasingly victimized individuals, especially women and minors.
According to the bill, individuals found purchasing, saving, or viewing sexually explicit deepfakes could face up to three years in prison or a fine of up to 30 million won ($22,600). Until now, producing sexually explicit deepfakes with the intent to distribute has been punishable by up to five years in prison or a fine of 50 million won ($37,900) under South Korea’s Sexual Violence Prevention and Victims Protection Act. The new law increases the maximum sentence for deepfake production and distribution from five to seven years in prison, regardless of intent, when it takes effect. The bill now awaits final approval from President Yoon Suk Yeol before it can be enacted.
The bill emerges in the wake of public outrage over incidents where deepfake videos were created and distributed via platforms like Telegram. South Korea has seen a sharp rise in deepfake-related sex crimes, with police reporting over 800 cases in 2023, compared to just 156 in 2021. The surge in cases has prompted a more aggressive legal stance to deter these offenses.
One of the major issues governments face is the difficulty in regulating platforms that facilitate the spread of such content. In South Korea’s case, the encrypted nature of Telegram complicates efforts to track and prevent the distribution of illegal deepfakes, leading to investigations targeting the platform’s role.
Deepfake crimes are not limited to South Korea. The issue is global, as evidenced by high-profile cases such as the spread of fake explicit images of pop star Taylor Swift on social media platform X (formerly Twitter). Governments in the U.S. and elsewhere are also taking steps to address this. As more countries recognize the damaging effects of deepfakes, particularly non-consensual ones, South Korea’s legal approach could serve as a model for others. The fact that the U.S. is also debating similar laws indicates a growing international consensus that more needs to be done to regulate the use of deepfake technology, particularly in protecting individual privacy and dignity.
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