Why are deepfake prosecution rates so low in South Korea?

Question

Accepted Answer

Deepfake Prosecution Rates Remain Low Due to a Combination of Legal, Technological, and Platform-Related Challenges

The prosecution rates for deepfake crimes in South Korea are notably low due to several compounding factors, including the legal complexities surrounding minors, the technical challenges posed by encrypted platforms like Telegram, and the often lenient penalties issued for such offenses. Between 2021 and July of the current year, 793 deepfake crimes were reported, yet only 16 individuals were arrested and prosecuted. This disparity highlights significant obstacles in bringing perpetrators to justice, even as the prevalence of deepfake technology continues to rise globally.
Legal Framework Complicates Prosecution of Teenage Perpetrators

South Korean courts rarely issue arrest warrants for minors, a significant hurdle given that most perpetrators of deepfake offenses are teenagers. This legal reality means that even when young individuals are identified as offenders, the process of formal prosecution and sentencing becomes considerably more complicated. For instance, in a recent police crackdown following the discovery of deepfake chatrooms targeting schools, seven individuals were arrested, but six of them were teenagers. This demographic prevalence directly impacts the ability of law enforcement to pursue full legal consequences against a substantial portion of offenders.
Encrypted Platforms and Lack of Cooperation Hinder Investigations

The reluctance of encrypted messaging platforms, such as Telegram, to cooperate with authorities is a critical factor contributing to the low prosecution rates. South Korean police have identified Telegram's lack of cooperation as a primary reason for difficulties in investigating and prosecuting deepfake crimes. This issue is underscored by the recent arrest of Telegram's founder in France for failing to curb illegal content on the app, indicating a broader challenge in obtaining necessary data and assistance from such platforms. The encrypted nature of these services makes it difficult for law enforcement to trace the origin of deepfake content and identify perpetrators.
Lenient Penalties Fail to Reflect the Gravity of Deepfake Offenses

The penalties issued for deepfake offenses in South Korea are often disproportionately lenient, frequently amounting to mere fines or probation. Experts, such as Professor Yoon Kim Ji-young, note that these punishments are often trivial and do not adequately reflect the severe gravity of the crimes committed. This lack of stringent consequences can embolden offenders and provide little deterrence. While there have been instances of more severe sentencing, such as a ringleader being jailed in a 2020 Telegram porn scandal, the general trend of mild penalties for deepfake offenses contributes to a perception that these crimes are not taken with sufficient seriousness by the legal system.

Reading history

Hide →

This history is cleared when the page is closed.

Why are deepfake prosecution rates so low in South Korea?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends