Ahead of the March 1 Independence Movement Day, a video clip of artificial intelligence mocking martyr Yoo Kwan-sun has been uploaded on social media, sparking controversy. However, under the current law, it is not easy to punish the producer.
The police recently recognized that a video mocking martyr Yoo Kwan-sun was posted on TikTok, but it was found that they have not yet launched an internal investigation (pre-construction investigation).
Since the 22nd, the TikTok user has produced and uploaded a video of Yu Gwan-soon breaking a fart and soaring into space with her driving force or expressing affection for a Japanese flag. These videos have received more than 200,000 views.
On the 26th, criticism spread that he maliciously caricatured a martyr who died after torture after participating in the March 1st Movement, but the activities continued, with five more videos posted afterwards.
The first charge to be discussed in such a case is the defamation of the lion’s name. However, since the crime is stipulated to be punished only when false facts are indicated, it is pointed out that it is difficult to meet the constituent requirements for primary ridicule or expression that is difficult to distinguish between true and false.
Insult is also not easy to apply. Under the current law, the crime of insult does not constitute for the deceased because it targets ‘surviving people’. For this reason, it is analyzed that there is currently no clear countermeasure other than the Korea Communications Standards Commission requesting the platform to delete the video and waiting for action.
The recently proposed bills mainly focus on preventing deepfake crimes that use person photographs to create sexual exploitation. In April last year, an amendment to the criminal law was proposed, which included the establishment of a crime of insult to lions, but comprehensive legislative discussions including the issue of contempt of the deceased due to the spread of Generative AI have not yet begun in earnest.
SALLY LEE
US ASIA JOURNAL
