July 13 (Asia Today) — South Korean police plan to classify demonstrations involving anticipated hate speech as unlawful gatherings, prompting concerns that officers could restrict freedom of assembly based on unclear or subjective standards.

The National Police Agency is developing a four-tier system for responding to demonstrations, according to a police plan obtained by Democratic Party lawmaker Mo Kyung-jong.

The first two levels would cover lawful demonstrations and distinguish between events based on their potential to cause noise, traffic congestion or other public inconvenience.

The third and fourth levels would cover gatherings considered unlawful, ranging from demonstrations that could cause conflict between groups to events posing a risk of occupations or violence.

Police would adjust the number of riot officers and the level of intervention according to each category.

A Level 1 demonstration could be managed by the local police station without deploying riot police. Officers assigned to a Level 4 event would prepare for measures including forcible dispersal if violence or an unlawful occupation occurred.

The police plan places “hate speech and harassment of a particular person or organization” in Level 3.

Police have described rallies targeting particular countries or social groups, as well as demonstrations using insulting language or excessive noise near the homes and workplaces of public figures, as attempts to exploit freedom of assembly.

One example cited by the agency involved demonstrations containing derogatory statements about survivors of Japan’s wartime sexual slavery.

Police plan to deploy what they describe as an appropriate number of officers in advance to manage such gatherings.

The agency is also seeking revisions to the Assembly and Demonstration Act that would allow authorities to prohibit demonstrations clearly expected to violate the personal dignity of others based on sex, religion, disability, race, nationality or ethnicity.

The proposal has not been enacted and would require approval by the National Assembly.

Critics say the plan does not clearly establish who would determine whether a statement constitutes hate speech or what standards officers would use.

Without detailed criteria, they say, decisions on police deployment, restrictions and enforcement could vary according to the judgment of officers at individual protest sites.

The dispute follows the implementation of a revised law regulating certain forms of hate speech and manipulated information online.

A constitutional complaint has been filed challenging provisions of the revised Information and Communications Network Act. The complaint argues that terms used in the law are overly broad and could allow arbitrary enforcement against constitutionally protected speech.

Attorney Gong Won-jun, who filed the complaint, said the online law could encompass legitimate criticism, academic discussion, political opinions and policy arguments because its definitions lack sufficient clarity.

Similar language could create further controversy if applied to demonstrations under the Assembly and Demonstration Act.

The police said it would determine the level of its response based on an assessment of risks to public safety and order.

The agency, however, has not released specific standards for deciding whether speech at a demonstration should be classified as hateful.

Attorney Kwak Jun-ho of Chung Law Firm said regulating hate speech as a single category without a broader social consensus would inevitably create conflict between government authority and fundamental rights.

“The fundamental purpose of a demonstration is to express one’s opinion freely,” Kwak said.

“If hate speech is regulated under a blanket concept without social consensus, public authority and the fundamental rights of citizens are bound to collide,” he said.

— Reported by Asia Today; translated by UPI

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