US Republicans Express Concern Over South Korea's New 'Fake News' Law

House Judiciary Committee Republicans conveyed their concerns to South Korea's Media and Communications Commission (KMCC) in a letter sent Thursday. The lawmakers indicated that recently adopted online regulations in South Korea might enable government censorship of free expression and target opposing viewpoints.

The letter, signed by House Judiciary Committee Chair Jim Jordan (R-Ohio), alongside Representatives Scott Fitzgerald (R-Wis.), Darrell Issa (R-Calif.), and Michael Baumgartner (R-Wash.), asserted that this amendment poses a significant threat to online speech. They also highlighted its potential to allow the KMCC to penalize American companies and their users for exercising constitutionally protected rights.

The South Korean Embassy in Washington did not provide an immediate response to a request for comment on Thursday. The amendment, integrated into the country's Information and Communications Network Act by the Korean National Assembly in December, aims to safeguard citizens from the effects of unlawful and manufactured false information, according to a July statement from the KMCC chairman.

Under the new law, publishers found in violation could face penalties reaching up to 1 billion won, equivalent to over $700,000. However, Jordan and his Judiciary Committee colleagues argue that the law lacks a clear definition of "false information," potentially allowing the government to target "politically disfavored opinions." The legislation has also met resistance from journalists and civil liberties organizations within South Korea.

Representative Fitzgerald issued a statement emphasizing that no foreign government should possess the authority to compel American companies to censor speech protected by the Constitution. He characterized South Korea's "false information" law as ambiguous, far-reaching, and susceptible to misuse, vowing that Congress would continue to monitor foreign governments' efforts to export censorship and undermine online First Amendment freedoms for Americans.

The lawmakers further noted that the amendment appears to specifically target American companies, including YouTube, which is owned by Alphabet, Google's parent company. The implementation of this amendment and the House Judiciary letter coincide with heightened economic tensions between the two significant trading partners.

Last week, South Korea was among several nations on which President Donald Trump imposed new tariffs, citing alleged forced labor practices. Additionally, the House Judiciary Committee released a report in July alleging discriminatory actions by the South Korean government against Coupang, a U.S.-based online retailer with a substantial portion of its business in Asia.

Under Jordan's leadership, the committee has dedicated considerable time to examining the threat posed by foreign regulations to free speech and U.S. innovation. The committee has published multiple reports concerning the European Union's Digital Services Act (DSA), a comprehensive legal framework enacted in 2022 that establishes stringent rules for online content, which has resulted in increased scrutiny for American companies like Google and Anthropic.

According to the letter, the South Korean amendment is directly linked to the Digital Services Act. The lawmakers stated that "South Korea seems to be following in the EU's footsteps, adopting legislation modeled directly on the DSA."