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POLITICAL LIBELS AND DEMOCRACY: ARE THEY COMPATIBLE?
South Korea is a democracy not only in theory but also in reality. One Western diplomat in Seoul
said: "We think democracy functions well here. Koreans have won their long struggle for democracy,
and it is working well."
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Korea’s evolution to a liberal democracy since 1988 is remarkable. Now
Koreans do not have to worry whether they will be in trouble when they criticize President Kim Dae
Jung. "Indeed, one gauge that South Korea remains vibrantly democratic is that Mr. Kim’s critics say the
nastiest things about him and get away with it," according to a New York Times report.
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Korea’s emergence as a thriving democracy in the past 15 years is exemplified by the fascinating
metamorphosis of the Korean news media from an authoritarian press to a libertarian system. Bill
Kovach, curator of the Nieman Foundation for Journalists at Harvard University, told Korean journalists
in Seoul: “You here in South Korea have made the record as clear as anyone has. The diligence of the
South Korean press in exposing corruption and abuses by government officials has, as much as any other
factor, encouraged the development of institutional protection of broad public rights and [led] to checks
and balances on the power of government.”
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On the other hand, one noteworthy phenomenon in connection with the now enhanced press
freedom in Korea is a litigational explosion against the news media. Koreans have begun suing the media
with fervor, which reflects part of a growing Korean penchant to litigate. One recent study of Korean
libel law, noting a “sharp increase” in libel litigation against the press, has reported 40 cases for 2000 and
84 for 2001 in Seoul.
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What makes the lawsuits against the Korean press especially disturbing is that many of the libel
actions tend to be politically and ideologically motivated. People with power, privilege, and prestige in
Korea seem to develop a policy of using libel laws to silence their critics and opponents. Consequently,
their litigation contains every element of a political harassment for seditious libel. Most tellingly, the
Constitutional Court of Korea held in 1999: “From a historical perspective, libel laws, which were aimed
at protecting the social evaluation (reputation) of an individual’s value has been used as a means to
restrict and suppress citizens’ criticism of those in power.”
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Nonetheless, Korean courts are more willing
to assess large damage awards against the media. A Korean media law commentator stated:
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