South Korea: Concerns about censorship, restrictive national security law and indictment of protesters

South Korea’s civic space is rated as ‘narrowed’ by the CIVICUS Monitor. Among the civic space concerns documented previously are the targeting of unions, restrictions and investigations of civil society groups working on North Korea, press freedom and the right to privacy.

In May 2026, the UN High Commissioner for Human Rights Volker Turk visited the country. In his speech he called for the adoption of comprehensive anti-discrimination legislation, which has been under discussion for more than 20 years, and to ensure equality and protection for women, minorities, refugees and migrants, people with disabilities and the LGBTIQ+ community.

In recent months, concerns have been raised about mandatory online AI filtering systems and a law to curb the spread of fake news that could lead to censorship. A new bill raises censorship fears among arts groups around music while the military has yet to disclose a transgender research report. An Art student indicted in 1989 under a national security law is to be retried, riot police cleared protesters around local elections and charged three, while eight students were detained for allegedly breaking into a US military base.

Expression

Mandatory AI filtering systems could lead to censorship

Starting in July 2026, large websites and online communities will be mandated to run AI filtering systems to block pornography and illegal filming footage under the Telecommunications Business Act.

Article 22-5(2) of the Telecommunications Business Act - enacted in 2020 during the final days of the 20th National Assembly under the name of the so-called “Nth Room Prevention Act” - requires certain value-added telecommunications service providers designated by Presidential Decree to implement “technical and administrative measures prescribed by Presidential Decree” in order to prevent the distribution of unlawfully filmed intimate content. Failure to comply is punishable by up to three years’ imprisonment or a criminal fine of up to KRW 100 million (USD 701,38).

However, critics fear that this could amount to prior censorship. According to Open Net Korea, a structure that mandates a filtering system to monitor private telecommunications in real-time, driven by an administrative agency rather than the judiciary, inherently aligns with the definition and essence of prior censorship, which is prohibited by the Constitution. Rather than imposing mandatory regulations, Open Net Korea believes the government should utilise an intermediary liability exemption system so that information intermediaries can voluntarily delete and block such content freely.

There are also concerns that the administrative agency's judgments could lean in a pro-government direction, leading to the expansion of regulations into entirely different domains.

Concerns about law to curb spread of fake news

Another law that took effect in July 2026 will allow courts to impose damages of up to five times the harm caused by "false and manipulated information" spread online, a measure media experts and civic groups warn could chill free speech and open the door to government-influenced censorship.

The amendment to the Act on Promotion of Information and Communications Network Utilisation and Information Protection will introduce the punitive damages scheme, alongside a requirement that large online platforms with more than one million daily users remove or block flagged content and take measures to prevent further circulation. The amendment was pushed through by the ruling Democratic Party (DP) in December 2025.

Critics of the revised law warn that the lack of a clear legal definition for false or manipulated information could create uncertainty and invite overly broad legal enforcement at first.

There are also concerns that private fact-checking organisations will receive financial and administrative support under the Korea Media and Communications Commission to determine whether online content constitutes false information. Civil society groups warn that allowing government-funded organisations to decide what qualifies as misinformation could expose the process to political influence.

The Journalists Association of Korea, which represents over 10,000 journalists in the country and is the nation’s largest press association, warned in a statement on 6th July 2026 that the amendment could “undermine the very foundation of democracy” if it “diminishes the ability of the media and citizens to be openly critical.”

The main opposition People Power Party (PPP) has repeatedly criticised the revision, arguing that platforms will censor content to avoid clashing with the government, while users will self-censor.

New ‘hate music’ bill raises censorship fears among arts groups

A proposed bill requiring music distributors to screen song lyrics before release is sparking censorship concerns, with critics questioning how far the state should be allowed to go in policing creative content.

The amendment to the Music Industry Promotion Act was submitted in early July 2026 by Rep. Kim Hyun and nine other lawmakers of the ruling Democratic Party of Korea. The bill would require music distributors to pre-screen all tracks before release to determine whether they contain content harmful to minors.

If any song is judged harmful and its creator is under 19, the distributor must block the track from release altogether. If the artist is an adult, the distributor must notify them in advance that the track may be designated harmful to youth, which would restrict it to adult listeners only.

Critics, however, see the idea as a revival of pre-release censorship that the country moved away from decades ago and a step back toward the kind of control exercised by authoritarian governments.

Eleven cultural and art groups spoke out against the bill shortly after its proposal. Among those was Culture and Arts Workers Solidarity, who said, “The bill’s reference to ‘music that is likely to cause clear and serious harm to youth’ doesn’t provide any concrete criteria which would allow subjective judgments of what is harmful. The idea that strong censorship can prevent hate is nothing more than a fallacy.”

Rapper E Sens (real name Kang Minho) has also raised concerns about the bill, arguing that it could infringe on freedom of expression. He said: "Censorship should not be revived. Who sets the standards and who has the authority to decide?"

Lawsuit challenging military to disclose the transgender research report

In May 2026, Open Net, along with the legal team from the Minority Rights Committee of Minbyun, filed a lawsuit against the Ministry of National Defence and Korea Institute for Defence Analyses (KIDA) for their continued refusal to disclose the findings of a report on 'transgender military service.'

In 2021, the Ministry of National Defence commissioned the Korea Institute for Defence Analyses (KIDA) to conduct a study on 'transgender military service.' This was intended to assess whether transgender individuals can serve in the military and what institutional support the military should provide to make that possible. However, despite having received the final report, the Ministry of National Defence has yet to disclose the research findings.

However, even after the results were produced, the Ministry has kept them secret and continues to avoid public discussion on the critical human rights issue of LGBTQ+ military service.

In February 2026, Open Net filed a request for information disclosure regarding the report. The Ministry of National Defence transferred the request to KIDA, which offered only a vague explanation that "disclosure is restricted at the request of the commissioning department," and issued a non-disclosure decision on the grounds that the report constitutes information that, "if disclosed, could seriously harm the nation's vital interests," pertaining to matters of national security, national defence, unification, and foreign relations under the Official Information Disclosure Act.

Association

Art student indicted in 1989 under security law to be retried

According to Amnesty International, the authorities have decided to hold a retrial of Jeon Seung-il, a former art student, who was indicted in 1989 under the National Security Act.

In 1989, while he was 23 years old and South Korea was still shaped by decades of military rule, Jeon helped create a 77-metre-long painting depicting the country’s independence movement and democratic uprisings. It led to his being charged and convicted under South Korea’s National Security Act for producing what the law calls “enemy-benefiting expression materials.”

Years later, the state displayed the same artwork at the National Museum of Modern and Contemporary Art and recognised him as a participant in the movement for constitutional rights. His criminal record, however, was never expunged.

Jeon’s case was finally opened for retrial in 2026, after courts recognised that he had been unlawfully detained and coerced by intelligence agents decades earlier. The prosecution, which had opposed reopening the case, returned to the original indictment, again arguing that the painting promoted ideas “sympathetic” to North Korea.

As previously documented, South Korea’s National Security Act has repeatedly been used to censor, intimidate and imprison people deemed to have praised North Korea.” Article 7 of the National Security Act bans “praising or propagating activities of any anti-state organisation and possession or distribution of pro-enemy materials”. The term ‘anti-state organisation’ is vague and not defined, which makes it unclear what types of organisations may fall under its scope.

The UN Human Rights Committee remains concerned that prosecutions continue to be brought under the National Security Act, and in particular under the excessively vague wording of article 7 of the Act.

Peaceful Assembly

Riot police clear protesters after ballot shortage blockade and charge three

On 5th June 2026, riot police cleared protesters from outside a Seoul polling station after a 35-hour blockade triggered by a ballot shortage.

Fourteen polling stations in Seoul had run out of ballot papers on 3rd June in an unprecedented mishap blamed on its failure to anticipate voter turnout.

More than 1,000 demonstrators gathered outside a polling station in Seoul’s Jamsil 7-dong on 4th June, some holding signs that read “Stop the vote count!” and “Invalidate the election!” as they attempted to block at least two ballot boxes from being removed. Electoral staff were also forced to stay inside polling stations until the morning of 5th June.

Police could be seen physically removing demonstrators blocking entrances to the polling station, in live footage streamed on 5th June by local media, with some protesters shouting and attempting to resist arrest.

On 4th August 2026, three men in their 20s who insulted police officers and blocked their path at the protests have all been sent to trial. The Seoul Eastern District Prosecutors' Office indicted three men on charges of special obstruction of official duties on 31st July. Two of them were indicted without detention, while one was indicted while in custody.

Students detained for allegedly breaking into US military base

A group of eight South Korean students were detained on 4th August 2026 for allegedly breaking into a United States air base while shouting anti-U.S. slogans.

U.S. military personnel detained the four male and four female students after they allegedly entered Osan Air Base in Pyeongtaek, about 60 kilometers south of Seoul. They were later transferred to the custody of South Korean authorities.

The students were being investigated under a law protecting military installations in South Korea, according to police, who said they had all invoked their right to remain silent during questioning.

Police said the students shouted slogans at the site including, “Let’s smash U.S. 7th Air Force.”

The Korean Progressive University Student Union said in a statement on Facebook that those detained were members who were trying to protest what it called the U.S. military's opposition to a South Korean semiconductor cluster project in the southwestern city of Gwangju.