South Korea is currently moving to update its legal framework concerning AI-generated content after a court ruling highlighted a significant gap in existing statutes. Last August, a judge in Goyang acquitted a man who had been charged with distributing deepfake nude images in a Telegram chat room. Although prosecutors sought penalties under a law that carries up to seven years in prison or a fine of 50 million won (approximately US$35,341), the court determined that the law did not apply because the images depicted fictional personas rather than identifiable, real-life individuals.

This acquittal has prompted a legislative response aimed at ensuring that the distribution of non-consensual AI-generated sexual imagery is punishable, regardless of whether the subject is a real person or a fictional creation. The proposed changes seek to address the rapid advancement of deepfake technology, which has outpaced the current legal definitions of digital sexual violence. While the specific language of the new bills is still being finalized, the primary goal is to prevent the exploitation of the 'fictional persona' defense that allowed the defendant in the Goyang case to avoid conviction. The debate highlights the ongoing tension between technological innovation and the protection of individuals from digital harassment and exploitation.