Possession or viewing of deepfake sexual exploitation material carries a maximum penalty of 3 years in prison

Translation :

Those who possess or view deepfake sexually exploitative materials will be subject to imprisonment.

The level of punishment for crimes of intimidation and coercion targeting children and adolescents using sexually exploitative materials will also be strengthened.

On the 26th, the National Assembly passed a revision to the Special Act on the Punishment of Sexual Crimes containing these contents at a plenary session.

The revision newly establishes the crime of possession, purchase, storage, and viewing of false video materials including sexually exploitative materials, imposing up to 3 years in prison or a fine of up to 30 million won.

In addition, producers can be punished even if the purpose of distributing false video materials is not proven, and the punishment has been increased to the same level as illegal filming and distribution of illegally filmed materials (7 years in prison or a fine of up to 50 million won). Punishment provisions for intimidation and coercion using false video materials (imprisonment of at least 1 year) have also been established. The revision will take effect immediately upon promulgation.

The revision to the Youth Sexual Protection Act, which strengthens the level of punishment for crimes involving threats and coercion targeting children and adolescents using sexually exploitative materials, was also passed on the same day.

The National Assembly deliberated on the revision to the Youth Sexual Protection Act at the plenary session that afternoon and passed it with 204 in favor and 1 abstention out of 205 members present.

The revision was designed to protect children and adolescents from sexually exploitative materials using deepfake (artificial intelligence-based synthetic material production) technology.

The revision stipulates that anyone who threatens a child or adolescent using child or adolescent sexually exploitative materials will be sentenced to at least 3 years in prison, and anyone who interferes with the child or adolescent’s exercise of rights or forces them to do something they are not obligated to do by threatening them using child or adolescent sexually exploitative materials will be sentenced to at least 5 years in prison. This is a stronger level of punishment than the Sexual Violence Crime Punishment Act.

The revision also establishes a basis for preventing secondary damage to children and adolescents who are victims of digital sexual crimes and allowing investigative agencies to take preemptive and swift measures to protect victims.

The amendment allows judicial police officers to conduct confidential investigations into urgent digital sex crimes without the approval of the head of the investigation department of a superior police station.

It also imposes an obligation to take measures to prevent the spread of digital sex crimes, such as requiring judicial police officers to immediately request the Korea Communications Standards Commission to take measures such as deleting or blocking access to child and youth sexual exploitation materials that are confirmed to be posted, screened, or distributed through information and communications networks.