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South Korea. Freedom of Speech. Scenario. President involved in embarrassing personal scandal Information is leaked to press by reliable informant Newspapers want to run story that goes into detail about President’s personal life. Identifying the parties:. Newspaper Citizens of country
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South Korea Freedom of Speech
Scenario • President involved in embarrassing personal scandal • Information is leaked to press by reliable informant • Newspapers want to run story that goes into detail about President’s personal life
Identifying the parties: • Newspaper • Citizens of country • President of country • Government as a whole
Relevant facts: • Newspaper wants to publish story • Story is factual • President would be embarrassed
Dilemma: • Should the Newspaper publish the article • In US? • In South Korea?
Options: • Publish the story • Possibly face charges in South Korea • Embarrass the President and the Government • Don’t publish the story • Withhold information from the public • Lose revenue from the sales of the paper
Values: • The public should have a right to know how their government is running the country • The newspaper should have the right to print any and all factual stories without prosecution • The President has his own right to privacy • The government should not be embarrassed because of one man’s actions
U.S. Response • What would happen in the U.S.? Maybe… • Story released to the public • Investigation begins • Impeachment of the President • Acquittal • End Result: at most, embarrassment • No legal attempt can be made to prevent disclosure of true information, no matter how much it may damage reputation
South Korean Response • What would happen in South Korea? • Option 1: Story never released to public. • Talking about President’s private life is taboo. • Makes President appear weak, invites North Korea to take over. • Option 2: Story printed. • Constitution Article 21, Section 4 allows President to sue newspaper for violating his honor and/or undermining public morals. • Constitution, NSL, threat of lawsuit would prevent story from being printed.
Final Thoughts • South Korea claims to be a democracy but lacks freedom of all forms of speech • The citizens of any country should have the right to know how their elected leaders are acting • The truth should come out! • Don’t publish the story in South Korea, but leak the information in some legal manner