South Korea’s Public Official Election Act: Key Provisions & Penalties

1. Overview

South Korea revised the Public Official Election Act in December 2023 to particularly address the widespread use of deepfakes in electoral periods with the objective of protecting the integrity of the election process.

2. Scope of the Law

The revised Act forbids the creation, distribution, or use of AI-created deepfake videos, photos, or audio that are realistic enough to mislead the public in the 90 days leading up to an election. This bill targets particularly deepfake content for election campaign use during this period of time. Virtual or AI-generated content explicitly labeled as such and not intended for election campaigning is exempted under these limitations.

3. Key Provisions

• Prohibited Activities: Article 82-8 of the Act prohibits production, editing, distribution, screening, or posting deepfake content for election campaigning purposes during the 90 days prior to an election day. 
• Requirements for Consent: Beyond the 90-day period, individuals are required to clearly express that the content is virtual and AI-generated if they use it for election campaigning.
• Platform Obligations: The National Election Commission (NEC) requires the deletion of offending content and has the authority to act against noncompliant platforms.

4. Penalties & Enforcement

The NEC has demonstrated dedication by discovering and responding to occurrences of deepfake content during election season. The National Election Commission monitors and responds through a partnership with law enforcement agencies. Violations can result in severe penalties, including fines ranging from 10 to 50 million Korean Won (about $7,500 to $37,500) or up to seven years in prison . 

5. Key Cases 

The 2024 parliamentary elections saw 129 cases of deepfake content being utilised in political campaigns, according to the NEC. Before the June 2025 presidential election, deepfake films demeaning well-known politicians went viral online, raising questions about their ability to influence public opinion.

6. Comparison to Global Standards

The EU AI Act, which targets high-risk AI and includes provisions of accountability and transparency, is less stringent than South Korea’s policy.South Korea’s legislation addresses all forms of election-related deepfakes, whether based on the content type, unlike some U.S. states that focus on non-consensual deepfake pornography.

7. Practical Implications

To escape legal consequences, creators and political campaigns need to make sure that any deepfake content created by AI and used during election times is accurately labeled as such. The voters ought to be critical when they come across online material, being careful to watch out for the possibility of the existence of deepfake content. Platforms are urged to apply strong policies for the rapid identification and eradication of deepfake content that also breaks the law.

8. Future Outlook

The NEC is working to improve its surveillance capacities and joining forces with technology firms to efficiently identify and curb the dissemination of deepfakes. Continuing dialogue might call for additional changes to the Public Official Election Act to tackle arising issues in terms of AI-produced content and how it affects elections.