Gag Law (입틀막법)
Overview
Gag Law is a neologism meaning 'a law that shuts one's mouth,' critically referring to laws that prohibit or restrict specific speech or information leaks. This term is mainly used to denote laws created by the government or power institutions to control information or critical speech unfavorable to them, accompanied by criticism that they infringe on freedom of expression and the right to know. Gag Law often refers to laws that emerge in specific incidents or political situations, and the term itself is not official but used in a critical context by the media, civil society, and online communities.
Main Content
Background and Emergence
The term Gag Law began to be used in earnest in South Korean society from the late 2010s. It appeared whenever laws were enacted or strengthened to prevent information leaks or prohibit specific speech, particularly in relation to certain government policies or incidents. Representative examples include the National Security Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection (Information and Communications Network Act), the Military Secrets Protection Act, and laws enacted at specific times such as the 'Public Opinion Manipulation Prevention Act' or the 'Fake News Prevention Act,' which have been referred to as Gag Laws. While these laws ostensibly aim for national security, public order, and personal information protection, they have been criticized for being used as tools to suppress government criticism or block the leakage of specific information.
Major Cases
A representative case of Gag Law is the 2019 amendment to the 'Act on Information Disclosure by Public Institutions.' This amendment expanded the grounds for public institutions to refuse information disclosure, drawing criticism for preventing the release of information related to government corruption or misconduct. Additionally, during the COVID-19 pandemic in 2020, some local governments excessively restricted information related to the movement of confirmed patients or enacted ordinances prohibiting speech critical of specific groups, which are also cited as examples of Gag Law. Furthermore, the 2021 amendment to the 'Act on the Establishment and Operation of the Korea Communications Commission' was criticized for strengthening regulations on broadcasting and telecommunications, infringing on press freedom.
Legal Controversies
Gag Law becomes a subject of legal controversy for infringing on freedom of expression and the right to know guaranteed by the Constitution. Article 21 of the Constitution of the Republic of Korea guarantees all citizens freedom of speech and the press, and Article 22 guarantees freedom of scholarship and the arts. However, there are provisions that these freedoms can be restricted for national security, public order, or the protection of others' rights. Gag Law is criticized for excessively applying such restrictions, essentially serving as a tool to suppress government criticism or social discourse. Legal experts point out that Gag Law is likely to violate the principle of clarity, the principle of prohibition of excessive restriction, and the principle of proportionality. For example, while a specific law may prohibit 'false facts' or 'malicious defamation,' the criteria are vague, potentially making even factual claims unfavorable to the government subject to punishment.
Social Impact
Gag Law causes a chilling effect across society. That is, even if the law is not actually enforced, people fear punishment and become unable to freely speak or share information. This hinders the activation of the public sphere, a core element of democracy, and dampens citizens' political participation. Additionally, Gag Law infringes on press freedom, impeding the role of pursuing truth and exposing social issues. In particular, as freedom of expression on online platforms is restricted, discussion and information sharing in cyberspace become stifled.
Recent Trends
From 2024 to 2025, discussions related to Gag Law have become more active. In 2024, with the rise of issues like fake news and deepfakes using AI technology, laws to regulate them are being enacted or strengthened. However, concerns are also raised that such laws may excessively restrict freedom of expression. For example, the 'AI-Generated Content Regulation Act' proposed in 2024 includes obligations to label AI-generated content and penalties for disseminating false information. While this law may contribute to preventing fake news, it is also criticized for potentially stifling artistic creation or social criticism using AI technology.
Furthermore, in 2025, an amendment to the 'Information and Communications Network Act' is under discussion. This amendment includes strengthening penalties related to cyber defamation and expanding the responsibilities of platform operators. However, there are concerns that this law could lead to excessive regulation, hindering the free exchange of opinions online. In particular, as the possibility of political debate or social criticism being punished as 'defamation' increases, criticism of Gag Law is being raised again.
Meanwhile, internationally, with the introduction of regulations like the European Union's Digital Services Act (DSA), discussions on enacting similar laws are taking place in South Korea. The DSA regulates illegal content and false information while also establishing mechanisms to protect freedom of expression. In South Korea, arguments are being made for the need for legal amendments to strike such a balance.
Related Topics
- [[Freedom of expression]]
- [[National Security Act]]
- [[Information and Communications Network Act]]
- [[Fake News Prevention Act]]
- [[Right to know]]
- [[Chilling effect]]
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