Telegram Deepfake Porn Panic: How South Korean state institutions failed to contain online gender violence

Following the recent distribution of deepfake videos combining obscene content with the faces of female students from Seoul National University and Inha University, similar types of Telegram chat rooms have been discovered, causing a significant uproar. Among the victims are not only university students but also teachers, female soldiers, and minors, including middle and high school students. The "List of Schools Affected by Deepfake" posted on social media on August 25th contained the names of approximately 400 elementary, middle, and high schools nationwide, causing widespread shock. As cases of actual victims from these schools are being confirmed, anxiety is growing among both students and parents.

Despite the fact the police have begun investigations and the Ministry of Education is assessing the extent of the damage, some perpetrators continue to act with impunity. While some Telegram chat rooms have been shut down, others have been created to continue the crimes. The administrator of a newly created Telegram chat room on the 26th reportedly stated, "Don't be scared even if it appears on the news; we will continue." Why are these criminals so confident? They believe they will not be punished, hiding behind Telegram's anonymity and the institutional loopholes in South Korea.

1. Legal loophole: Only distributors can be punished

The current deepfake pornography crimes that are emerging are at a rudimentary level, such that even adolescents can easily create them, yet the existing laws and systems in place have many loopholes, according to legal experts. A lawyer who is a former presiding judge said, "Synthetic pornography existed in similar forms even 10 years ago," and "despite these crimes being predictable, there has been an inadequate response in terms of legal system."

Under current South Korean law, the only provision that can be used to punish deepfakes is Article 14-2 of the Act on Special Cases Concerning the Punishment of Sexual Crimes. This provision was only established after the so-called "Nth Room" incident in 2019, where illegal pornography was massively distributed in Telegram chat rooms. It is a regulation that punishes the distribution of false videos, and it states that anyone who edits, synthesizes, or distributes obscene materials using a person's face, body, or voice recordings can be sentenced to up to five years in prison or fined up to 50 million won.

However, punishment is only possible if the intent to distribute can be proven. Creating the material and viewing it alone cannot be penalized. A lawyer specializing in sexual crimes pointed out, "The biggest problem is that only the ‘supply’—those who distribute the videos—is punished, while there is no sanction against the ‘demand,’ such as those who possess or purchase the videos."

2. Judiciary leniency: Judges hand out low or no jail time

Another institutional failure is . While courts have found those accused of producing and distributing deepfake content guilty, they have generally suspended sentences. Despite the existence of legal provisions, the tendency for lenient rulings has been criticized for being ineffective in preventing recurrences.

An examination of cases over the past two years where the Article 14-2 of the Act on Special Cases Concerning the Punishment of Sexual Crimes was applied and resulted in guilty verdicts revealed this trend. Out of 77 first-instance cases involving the term "false videos" that were concluded between August 27, 2022, and August 26 of this year, 10 cases with detailed sentencing reasons were analyzed. In these cases, the courts frequently cited mitigating factors such as the defendant's age, whether it was their first offense, and whether they showed remorse.

Person A was prosecuted for being caught synthesizing nude photos of celebrities and ordinary women using their facial images for a fee of 1,000 won per photo on social media. The number of photos synthesized by Person A reached 970. In April, the court sentenced Person A to one year and six months in prison, suspended for three years. Person B, who produced nearly 1,000 deepfake child and adolescent sexual exploitation materials over two years, was sentenced to three years in prison, suspended for four years. Person C, who created deepfake sexual exploitation materials using acquaintances' photos for 2,500 won per photo, received a three-year prison sentence, suspended for five years.

The courts often considered the defendants' young age or first-time offender status. In April, Person D, a 19-year-old who received a one-year prison sentence suspended for two years, captured photos of four female students from the same school that were posted on social media and created deepfake composites, which he then sent. The court cited as mitigating factors that "he is relatively young at 19 years old and has vowed not to reoffend" and that "he has no prior criminal record." In the case of Person E, who created deepfake composites using photos posted by his cousin on social media and distributed them in a Telegram group chat, the court sentenced him to two years in prison, suspended for four years, noting that "he shows remorse and is still young."

The Supreme Court's Sentencing Commission has listed factors that should increase sentencing, such as "when the method of the crime is extremely poor," "when the crime was committed repeatedly over a considerable period or involved unspecified or multiple victims," and "when the crime caused serious harm to the victims." However, these lenient sentencing guidelines are allowing judges to issue inadequate punishments to sex offenders. Heo Min-sook, a researcher at the National Assembly Research Service, stated, "The reality is that even the minimums set by law are not being applied, and suspended sentences are being handed out," and emphasized, "Measures are needed from both the legislative and judicial branches, but they are currently not aligned."

3. Public outrage and government response: Can the institutional loophole be fixed?

As the widespread prevalence of deepfake sexual exploitation material comes to light, public anger and anxiety are rapidly spreading. Schools have become primary sources of this spread, leaving parents terrified that their daughters may have become victims, while women are turning their social media accounts to private.

In response, the government and political circles are belatedly seeking countermeasures. President Yoon Suk-yoel stated during a cabinet meeting that digital sex crimes are "clear criminal acts that exploit technology under the shield of anonymity" and ordered relevant authorities to "eradicate digital sex crimes through thorough investigation and assessment." The police have launched a special crackdown on deepfake sexual exploitation material. The police announced that "a seven-month special crackdown will begin on the 28th to eliminate the deepfake sex crimes that are widespread in society and to alleviate public anxiety."

The Seoul Metropolitan Police Agency has issued an emergency "school bell" alert to 1,374 schools and 780,000 parents within its jurisdiction and has decided to focus on prevention. The Korea Communications Standards Commission has also convened an emergency meeting and is working on countermeasures. The Ministry of Education has sent official notices to schools nationwide, urging them to pay attention to digital sex crimes targeting minors, assess the extent of the damage, and implement preventive measures.

Lawmakers from both parties are united in their stance. They stated, "We will work to strengthen the legal system to prevent the misuse of deepfake technology and push for amendments to laws that protect women and minors," and they are now discussing legislative changes, albeit belatedly.

4. Conclusion: The role of government and legal institutions in combating globalized online gender violence

Article 32, Paragraph 4: Women's labor shall receive special protection, and women shall not suffer unjust discrimination in employment, wages, and working conditions.

Article 36, Paragraph 1: Marriage and family life shall be established and maintained on the basis of individual dignity and equality of both sexes, and the State shall ensure this.

1987 Republic of Korea constitution

The rise of online gender violence has become a global and technologically advanced issue as the world has become more connected and AI has developed. However, despite its constitutional duty to protect women from discrimination and ensure equality in all aspects of life, the South Korean government has failed to keep pace with combating this growing threat. The spread of deepfake pornography, a tool created abroad and disseminated through foreign social media platforms like Telegram, highlights the borderless nature of these crimes. Yet, the government's response to addressing online gender violence has been woefully inadequate. combating crimes like these have never been prioritized, and political leaders have made misguided statements—such as President Yoon Suk-yeol’s claim that "there is no more institutional sexual discrimination"—which neglect the urgent need to close legal loopholes. Meanwhile, judges continue to issue lenient sentences to offenders, and right-wing demagogues linked with American CPAC like Lee Jun-seok have imported the "culture war" rhetoric from the U.S., framing the efforts to confront systemic sexism as a mere "gender war" or "gender divide," thereby undermining efforts to address these deeply rooted issues. The current Telegram Deepfake Porn Panic has become a wakeup call to South Korean state institutions which have been neglecting their constitutional duty. Hopefully, there could be some institutional changes after this public outrage.

Reference
[1] [Chosun] How only distributor of Deepfake Porn get punished in Korea

[2] [Khan] The court ignores punishment article in the law and issue lower sentences

[3] [Khan] Government, parties, civil society promise cahnges as Deepfake Porn crimes on the rise