The views and opinions expressed in this commentary are those of the authors and do not reflect the official position of the Daily Caller.

Street Illegal

Freedom of speech is taken for granted in the democratic countries of the world. Yet this fundamental right is facing an existential threat in South Korea, one of the beacons of freedom and democracy in Asia. This is arising due lawmakers in Seoul, the country’s capitol, effectively adopting a new that looks on the surface like a well-intentioned effort to curb online abuse. Nothing could be further from the truth.

The new law is not a shield for the vulnerable but a sword for the powerful. This is nothing less than a disguised as human rights protection. Its vague definitions and broad scope will weaponize the legal system to silence political dissent. Most dangerously, it could make it impossible to criticize foreign influence operations, effectively shielding the Chinese Communist Party (CCP) from public scrutiny.

The text of the law is a masterpiece of legislative ambiguity. It defines and so broadly that almost any robust political criticism could be targeted. It fails to distinguish between malicious racism and legitimate national security commentary.

This is the very same authoritarianism that Americans see on university campuses, but with the force of criminal law behind it. In South Korea, regulators could use this law to label investigations into Chinese espionage or critiques of pro-North Korean policy as . (RELATED: US-ROK Alliance: Washington Sees Only What It Wants To See)

The legal experts we consulted confirm that the law lacks explicit protections for political expression. In the United Kingdom, Canada and the European Union, hate speech laws typically include exemptions for national security analysis and criticism of foreign governments. The Korean version has removed these guardrails. This omission is not accidental. It is designed to be a feature that creates a legal grey area where the state can prosecute its ideological opponents.

A Shield for Beijing

Why is this happening now? The timing coincides with a rising tide of Chinese influence operations in Korea. As we wrote in previous articles, anti-CCP protests have faced interference from the government. Symbols of the Chinese People’s Liberation Army are appearing in public spaces.

It is not beyond imagination to suggest that calling out these activities could become a crime if this law passes. Beijing has a long history of labeling any criticism of its government policies as or sentiment. This law would import that censorship logic into the South Korean legal code.

Let’s suppose a journalist exposes a CCP-linked influence network in a published article. Under this law, pro-China groups could file complaints against the journalist, alleging he wrote against the Chinese people. The mere fact that this triggers an investigation is in itself a stigma. The chilling effect this creates will self-censor scholars, reporters and activists to avoid being harassed and pursued in legal courts. The dangerous result is a kind of The public will become unaware of the extent of foreign infiltration because no one dares to speak about it. (RELATED: Dangerous Mindsets In Asia: Another Long March By China)

The End of Sovereignty

We are already witnessing what we call which we wrote about in a previous article. In Daerim-dong, a neighborhood in Seoul, anti-CCP protests have been met with accusations of promoting “hate” against Chinese and counter-protests Under the proposed law, would exposing this aggression be considered hate speech? The failure to separate harmful conduct from open political speech creates a significant risk. A constitutional law scholar working with us has stated the danger clearly:

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This debate about the law is much more than just speech. It threatens . A nation that cannot name its adversaries cannot defend itself. If Korea loses the ability to freely discuss external pressures, it loses its . It becomes a vassal state where the citizens are forbidden from criticizing the foreign power that seeks to dominate them.

Why This Matters to America

First Amendment rights that protect free speech in the United States are a sacred written commitment that is basic to the Constitution. When South Korea begins to dismantle free speech, it disrupts the shared values that bind the U.S.-South Korea Alliance that was set up to protect South Korea. So this law poses a direct threat to U.S. intelligence and security interests.

If South Korea’s media and civil society are gagged from discussing Chinese malign influences, there are widespread consequences for America and the free world. Washington will lose a critical early warning system that is always watching the turn of events in South Korea very carefully. In fact, the U.S. relies on a free and open Korean society to expose and counter CCP aggression. A gagged Korea is a blind spot in the Indo-Pacific. (RELATED: Currency Competition In The Digital Age)

This is a form of cancel culture that might be elevated to state policy. If that happens, it’s a tool that would inevitably be used by America’s adversaries to suppress the truth. If Korea falls silent, the U.S. will become deaf to the threats arising on the peninsula.

Kill the Bill

We can all agree that the prevention of free speech is a direct assault on fundamental human rights. Upholding these international rights ensures that nations who subject their citizens to severe repression of speech face economic sanctions. Protagonists of the new law should realize that its adoption along the current path provides the pretext that could trigger these punitive measures.

As citizens, we expect explicit protections for political speech national security reporting as well as the right to criticize foreign governments. To lose the freedom to speak your mind is tantamount to losing the freedom to act. This law is at the front line of a war over using words. It is a battle over who has control over our minds.