South Korean Lawyer: AI Legislation Should Target Deception, Not Technology Itself
Yoon Joo-ho, a lawyer at Taepyeong Law Firm in South Korea, argues that current South Korean AI-related legislation—from bans on deepfakes in the Public Official Election Act to criminalizing AI virtual expert ads under the Food Labeling and Advertising Act—triggers regulation based on 'whether AI is used' rather than centering on 'whether deception and harm are caused.' He illustrates this misalignment with two specific provisions: the Election Act prohibits using deepfakes to depict events that actually occurred, while the Food Advertising Act only penalizes AI-generated virtual doctors while exempting real doctors making identical recommendations. He proposes three legislative principles: first, identify the protected legal interests and pathways of harm; second, formulate technology-neutral rules proportional to risk; and third, establish pre-legislative impact assessments and post-implementation review mechanisms.
Yoon Joo-ho, a lawyer at Taepyeong Law Firm in South Korea, wrote an article for ZDNet Korea offering a structural critique of AI legislation: current laws targeting AI are regulating the technology itself rather than addressing deception and harm.
He uses deepfake technology as an example to illustrate this misalignment. Deepfakes require regulation not because they are AI-generated, but because they make non-existent events appear as if they truly happened, thereby deceiving people. The legal interests to be protected include individuals' personality rights and property, consumers' reasonable choices, and the credibility of public discourse. Therefore, the object of regulation should be 'deception and the resulting harm,' not 'the use of technology.'
However, recent legislation in South Korea triggers regulation based on 'whether AI is used.' Article 82-8 of the Public Official Election Act prohibits the production, editing, distribution, screening, or posting of virtual audio, images, or videos created using AI or other technologies that are difficult to distinguish from reality for campaign purposes, from 90 days before an election until the day of the election. Yoon Joo-ho points out that if a person uses deepfake technology to display events that actually occurred, this act would still constitute a violation under this provision. Outside the election period, such content can be used as long as it is labeled as virtual information, but the comprehensive ban during the election period excludes even truthful content. He considers this to be excessive regulation.