Local election D-40, deepfake 'click' warning... Voters will also be punished if they share

[Interview] Lee Tae-seung, lawyer at Daeryun Law Firm, "No election campaign props to be worn or photos of ballot papers allowed."

As the 9th national simultaneous local elections approach in about 40 days, voters are required to pay attention to their daily election activities. It is pointed out that in this election, regulations related to deepfake content using artificial intelligence (AI) technology will be strengthened, and indiscriminate information sharing may lead to legal risks.

According to the legal community on the 21st, candidate registration for this local election will take place on May 14th and 15th, and the official election campaign will begin on the 21st. Advance voting will be held on May 29-30, and main voting will be held on June 3. As the election schedule is in full swing, the proportion of reports received by the National Election Commission related to posts from ordinary citizens or messages in group chat rooms is maintained.

Taeseung Lee, a lawyer at Daeryun Law Firm, said, “The Public Official Election Act regulates the behavior of not only candidates but also ordinary voters. Manipulated content such as deepfakes spreads quickly, so the act of distributing it itself can directly lead to serious legal problems.”

The thing voters should be most cautious about is sharing deepfake videos and synthesized voices. Producing, editing, and distributing deepfake content for election campaign purposes is prohibited from 90 days before election day until election day. If you do not indicate that it is fictitious information or spread fabricated content as if it were fact, you may be punished for publishing false information or defamation.

Even everyday social media activities are subject to restrictions. It is possible to post support for or opposition to a specific candidate on social media, but sending mass messages using an automatic program is illegal. You should also be careful about repeatedly posting promotional messages in chat rooms organized for a specific candidate or political party.

The use of election campaign props and behavior within polling places are also subject to regulation. Ordinary voters who are not registered as election officials cannot wear election campaign props such as shoulder belts, identical clothing, or pickets. On the day of voting, taking photos outside the polling place is allowed, but taking photos of ballots inside the polling place and posting them on social media is prohibited. Anyone who damages election posters or banners may be subject to imprisonment for up to two years or a fine of up to 4 million won.

Attorney Lee said, "When notified of a potential violation, it is important to preserve the data and then receive expert assistance rather than arbitrarily deleting the post," and added, "During election times, even short expressions can become legal issues, so prior consultation is necessary."

Reporter Hwang Jeong-won (garden@sidae.com)

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Local election D-40, deepfake 'click' warning... Voters will also be punished if they share (link)