Questions remain about how AI-generated mockery of historical figures should be regulated
A generative AI video circulating on TikTok has sparked public backlash for allegedly defaming independence activist Yu Gwan-sun, but police said Friday that no formal investigation has been opened.
Police told local media that they were aware of the video but have not begun a preliminary inquiry, an initial review conducted to determine whether a formal investigation is warranted.
The video posted on Feb. 22 depicts Yu showing affection to the Japanese flag and being propelled into space after farting. It has garnered more than 200,000 views.
Yu is among Korea’s most revered independence activists. She is best known for her role in the 1919 March 1st Movement against Japanese colonial rule, which led to her arrest, imprisonment and death following torture. The nationwide uprising is commemorated annually as a public holiday.
Legal experts say the most plausible charge in such a case would be defamation of the deceased under the Criminal Act. However, for the offense to apply, the act must involve the public allegation of false facts.
Content consisting of crude ridicule or vague insults — where falsity is not meaningfully at issue — typically fails to meet the legal requirements for defamation of the deceased.
Criminal Act includes a charge for insulting people, but this only applies to living victims.
The most immediate recourse may be for the Korea Communications Standards Commission to request that TikTok remove the video.
Until now, domestic discussions in Korea about AI use in portraying historical figures have largely highlighted the technology’s positive uses, such as restoring archival images of national heroes.
While this appears to be the first high-profile controversy in Korea involving a deepfake mockery of a historical figure, similar disputes have surfaced abroad.
In October last year, OpenAI blocked image generation requests involving US civil rights activist Martin Luther King Jr. after offensive and mocking content proliferated online.
In South Korea, however, legal discussions remain at an early stage. Recent legislative proposals have largely focused on preventing AI-generated sexual exploitation content, in light of rising deepfake sex crimes.
Meanwhile, a bill proposing the creation of a new offense under the Criminal Act for insulting the deceased was introduced to the National Assembly in April last year. However, further discussions in the legislature have stalled.
seungku99@heraldcorp.com
