South Korea’s Act on Special Cases with Respect to Punishing Sex Crimes:

1. Overview

In September 2024, South Korea amended the Act on Special Cases Relating to Punishments for Sexual Offences to ensure that the fight against the increasing incidence of deepfake pornography is effective. The bans on possessing, watching, making, and disseminating sexually explicit deepfakes sign these steps as crucial in the fight against online sexual exploitation.

2. Scope of the Law

The new Act introduces a broad ban on the production, distribution, and consumption of sexually explicit material produced by AI that falsely represents individuals without their transparent consent. Adults and children are protected from all sorts of deepfake pornography. The Act contains very few exceptions, primarily for creative or satirical work that does not harm individuals or infringe on privacy.

3. Key Clauses

• One of the cornerstones of this law is the direct prohibition of conduct that ought not to be performed. It is now illegal to produce, distribute, possess, or view sexually explicit deepfakes without the clear consent of the individual person.
• Secondly, the Act also mandates clear consent of the individual involved prior to publishing or sharing deepfake images of them.
• Aware of the capabilities of online platforms in the spread of such content, the law establishes the necessity that internet platforms must have robust policies and strong mechanisms for the quick detection and removal of deepfakes of pornography.

4. Enforcement & Penalties

With the assistance of specialised cybercrime teams, the Ministry of Gender Equality and Family and the National Police Agency execute the law. The maximum penalty for those who create or disseminate deepfake pornography is seven years in prison. A fine of up to 30 million Korean Won ($22,600) or a potential three-year prison term are the penalties for possessing or watching such content.

5. Distinguishing Cases or Precedents

The South Korean officials evaluated over 800 cases of deepfake sex assault in 2024, a marked increase over prior years, which demonstrates the gravity and reach of this rule. A shocking percentage of the offenders were likewise juveniles, and the victims were both adults and children. In response to the escalating problem, the government launched public awareness programs and launched a statewide crackdown on this type of online sexual assault.

6. Practical Implications

The practical applications of this legislation are highly relevant to individuals and online platforms alike. Individuals must be aware that any exposure to deepfake pornography, even if passive viewing, can carry heavy legal burdens irrespective of whether they were a part of its creation or distribution. Online platforms are highly urged to enhance their systems of content moderation in order to actively identify and suppress the distribution of this illegal and damaging content.

7. Future Prospects

In the near future, the South Korean government has said it will increase its war against deepfake pornography. This includes everything from increasing undercover online work even in cases where adult victims are involved, to imposing stricter punishments on social networking sites that are not able to regulate the spread of illegal material and deepfakes. In addition, the government hopes to expand educational programs for digital sex crimes, incorporating celebrity-led public campaigns to maximize their coverage and underscore the severity of such crimes.