Feb. 22, 2025
South Korea’s online landscape has become a playground for dictators and oppressors, transcending political affiliations. Through orchestrated campaigns of fake news, comment manipulation, and stringent control over digital platforms and media, these forces relentlessly shape public opinion. Our previous columns on the Comment Operations by South Korea’s National Intelligence Service (NIS, formerly KCIA), the Army’s Cyber Command, and the current regime’s tightening grip on media have laid bare this troubling reality. The suppression of press freedom in South Korea has reached a level unthinkable for a democratic nation. Consider this: countless citizens have faced prosecution under defamation charges, with even legal entities like JTBC targeted—accused of fabricating evidence related to a tablet PC belonging to a confidant of then-President Park Geun-hye, the first South Korean leader to be impeachment. This climate of repression stretches far beyond the norms of a modern democracy, drawing chilling parallels to the authoritarian control of Nazi Germany.
South Korea's online and media environment has been subject to significant government influence, raising concerns about freedom of press and speech. This analysis delves into the historical and current practices of manipulation, the legal framework of defamation, specific cases like the JTBC's tablet PC fake news, and comparisons to democratic standards, providing a comprehensive overview based on recent research and reports.
Historical Context of Government Manipulation
The National Intelligence Service (NIS) of South Korea has a documented history of interfering in public discourse, particularly during political campaigns. The 2012 NIS public opinion manipulation scandal saw members of the NIS accused of manipulating public opinion to help Park Geun-Hye's presidential election under the command of the NIS (2012 NIS public opinion manipulation scandal). First, an agent of the NIS was alleged to have manipulated public opinion, and second, the director of the agency commanded an NIS agent to manipulate public opinion. Suspicions were raised before the election, but were not verified until afterwards. On April 30, prosecutors raided the headquarters of the South Korean National Intelligence Service. On June 12, the head of the NIS, Won Sei-hoon, and the head of the Seoul Metropolitan Police Agency Kim Yong-pan were prosecuted for interfering in the election. In 2015, the Supreme Court acquitted Kim of charges of abusing his power to manipulate the investigation, but Won was convicted on charges of instructing NIS officials to manipulate internet comments and was sentenced to three years in prison, though this was later overturned (National Intelligence Service (South Korea)).
The Army's Cyber Command, now known as the Cyber Operations Command, was also implicated in similar activities. In 2018, it was revealed that the unit had engaged in online campaigns to skew public opinion, such as posting political comments, in favor of former conservative governments, leading to public censure and reforms to abolish its psychological warfare function (S. Korea to reshape scandal-ridden cyber command, eyes 'absolute superiority' in online ops). The ministry unveiled its reform package, which includes renaming the unit the Cyber Operations Command and abolishing its psychological warfare function criticized for political interference.
Current Regime's Media Control Under Yoon Suk-yeol
Under President Yoon Suk-yeol, who assumed office in 2022, there has been a perceived increase in efforts to control media and public discourse. Reports indicate that the administration has pursued defamation cases against critical journalists and media outlets at a record pace. For instance, after MBC reported on a hot mic incident where Yoon allegedly used vulgar language after meeting with U.S. President Joe Biden, the outlet was banned from the president's plane, and Yoon accused it of harming the national interest (Under Yoon, South Korea Defamation Cases Against Media Rise). This fits a pattern of legal actions against at least 11 instances of critical coverage in his first 18 months, with analysts warning that Yoon, an ex-prosecutor, is fighting 'fake news' but chilling free speech.
This trend is reflected in South Korea's drop in the World Press Freedom Index by Reporters Without Borders, from 47th place in 2023 to 62nd place in May 2024, reportedly influenced by the Yoon administration's excessive use of sanctions against media outlets and journalists that were critical of the government, such as MBC (Yoon Suk Yeol). This decline is particularly notable given South Korea's status as a liberal democracy, with actions like police raids on newsrooms and retaliatory bans highlighting a departure from democratic norms.
Defamation Laws and Prosecutions
South Korea's defamation laws are notably stringent, allowing both civil and criminal penalties for statements that damage reputations, even if true. Under the Criminal Act, defamation using false facts can lead to up to seven years imprisonment, while true statements made with intent to defame, not in public interest, can result in up to three years in jail or a fine (Defamation Laws in Korea). This legal framework has been criticized for its potential to suppress dissent, with critics believing it protects the wellbeing of powerful individuals by embedding a highly subjective test requiring proof of public interest (Problems with Korea’s Defamation Law).
Under Yoon, the rise in defamation cases against media has been documented, with VOA reporting at least 11 instances in his first 18 months, indicating a strategic use of legal tools to intimidate critical voices (Under Yoon, South Korea Defamation Cases Against Media Rise). According to the Korean Institute of Criminology (KIC), more than 2,000 people were charged with the crime of defamation annually since 2010, with the number of reported and prosecuted cases increasing dramatically since the 1990s (Defamation law, privacy and the #MeToo Movement in Korea). These statistics represent cases under article 307 of the Criminal Code and do not distinguish between whether the accused publicized true or false information, highlighting the broad application of these laws.
Specific Case: JTBC and the Tablet PC, Including Byun Hee-jae's Prosecution
The JTBC tablet PC case is central to the 2016 political scandal that led to the impeachment of President Park Geun-Hye. On October 24, 2016, JTBC reported on a tablet PC allegedly used by Choi Soon-sil, Park's confidante, to access presidential documents and interfere in state affairs, which was presented as a "smoking gun" for the charge of "gookjeong nongdan" (meddling of state affairs) (The Fall of the Rule of Law in South Korea: The Impeachment of Park Geun-Hye, Part I). This reporting, aired on October 24, 25, and 26, 2016, fueled public outrage and protests, contributing to Park's impeachment.
However, controversies arose regarding the tablet's authenticity. Forensic reports later indicated multiple users and documents added post-discovery, raising questions about JTBC's claims. For instance, the prosecutor's own forensic report showed that the tablet PC was not legitimate evidence, with no edited files despite JTBC's claims, and it lacked editing software (HWP software), making it incapable of editing Korean language documents (Update on the Prosecution of South Korean Journalist Byun Hee-jae). Photos of Kim Han-soo's daughter, a former Blue House executive officer, were found on the tablet, further questioning its association with Choi (Public Statement on the "Byun Hee-Jai and Tablet Trial" by Citizen Watchdog Group).
Byun Hee-jae, a journalist and founder of MediaWatch, questioned JTBC's reporting and was subsequently prosecuted for defamation. In May 2018, the court detained Byun without a trial, and he was later sentenced to two years, serving one year before being released on bail (INTERVIEW | Byun Hee-jae Fights for Press Freedom in South Korea). Recent forensic analysis suggests his claims were correct, with evidence supporting that the tablet was not used by Choi as claimed, raising questions about the integrity of JTBC's reporting and the legal actions against him. Byun is currently in the US, seeking to raise international awareness of his case, and has faced additional legal challenges, including a bail revocation motion citing rallies criticizing Yoon Seok-yeol and Han Dong-hoon, suggesting possible political motivations (미디어워치).
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| Byun Hee-Jae declared his exile to US to avoid further political oppression from Yoon Seok-Yul regime |
Importantly, Byun's prosecution occurred under Moon Jae-in's regime (2017-2022), not Yoon's, with Moon appointing Yoon as Prosecutor General in 2019, highlighting the continuity of press suppression across administrations (Yoon Suk Yeol).
Comparison to Democratic Standards
While South Korea is a democracy, its media freedom has declined, dropping from 47th to 62nd in the World Press Freedom Index under Yoon, due to actions like raids on newsrooms and defamation lawsuits, which are more restrictive compared to many other democratic countries (Yoon Suk Yeol). The user's comparison to Nazism is hyperbolic and not supported by evidence, as South Korea remains a functioning democracy with regular elections and an independent judiciary, unlike the totalitarian regime of Nazi Germany. However, the concerns about media freedom are valid, with South Korea's practices being more restrictive than countries like the United States or Germany, where such legal actions against media are less common and subject to stronger free speech protections (South Korea’s Defamation Law: A Dangerous Tool).
Conclusion
South Korea's online and media environment is marked by significant government interference, with historical and current practices of manipulation by agencies like the NIS and the Cyber Operations Command, and increased media control under President Yoon. Defamation laws exacerbate these issues, leading to prosecutions that chill free expression, while the JTBC tablet PC case, including Byun Hee-jae's prosecution under Moon, highlights the complexities of media reporting and legal actions in political scandals. The pattern of suppressing dissent appears to be a consistent feature across different South Korean regimes, rooted in a culture of nationalism and the need to save face, which often overrides democratic principles of free speech and press freedom.
Key Citations