KCIJ Newstapa - Korea Center for Investigative Journalism

S. Korean Martial Law, A Gag Order to its People and the Press

Immediately after President Yoon Suk Yeol declared martial law on the night of Dec. 3, the Decree No. 1 was also announced that all media and publications would be under the Martial Law Command's control.

If violated, anyone can be subjected to arrest and detention without a warrant and punishment according to the martial law, the decree wrote.

It later turned out that President Yoon met former National Police Agency Chief Cho Ji-ho just three hours before announcing the martial law that night, and gave him instructions to take control of media organizations like public broadcaster MBC.

The Decree No. 1 has legal basis on the Section 9 of the Martial Law Act, which stipulates that freedom of the press and publication can be restricted in an emergency martial law situation.

If the Dec. 3 coup succeeded, what would have happened to the freedom of the press and publication, which are basic rights of the people?

What is the Martial Law Reference Book?

The Korea Center for Investigative Journalism(KCIJ)-Newstapa obtained the Martial Law Reference Book 2023, the latest version prepared by the ROK Joint Chiefs of Staff, and reviewed it thoroughly to see how the military could have invaded the freedom of the press in a martial law situation.

The Martial Law Reference Book is a guideline prepared by the Martial Law Division of the ROK Joint Chiefs of Staff, a standing department to prepare for a martial law situation.

The preface of the Reference Book states that it was written to “promote the general understanding of the concept of martial law and legal understanding of the Martial Law Act for the military officials.” It also specifically lists the duties and roles of each units under the Martial Law Command.

The 300-page book is a “non-disclosure material managed in accordance with the JCS Information Disclosure Regulations as Restricted.”

If Dec. 3 Coup succeeded, the entire nation is subject to censorship

According to the Martial Law Reference Book, after martial law is declared, the Martial Law Command organizes into two offices and eight departments: Secretary Office and Office of Planning and Coordination, which manage the Intelligence Dept., Operations Dept., Public Security Dept., Legal Dept., Press Dept., Mobilization Dept., Relief Dept. and the Administration Dept.

The Press Dept. performs the spokesperson duties of the Martial Law Command, and deals with general public relations. It also organizes and operates the Press Censorship Team, which oversees and controls the media to transmit a unified message.

The Press Censorship Team consists of subsidiary organizations, divided by each sector: Print, Broadcast, Wire News, Foreign Media, Publishing, Performance, Exhibition, Music, and Cyber Search and Response Team.

Active-duty soldiers and government officials from the Korea Communications Commission are assigned to the Press Censorship Team.

Their censorship and surveillance targets are not limited to news organizations. The Martial Law Reference Book states that movie and performance scripts, and song lyrics are subject to prior censorship, while posts on online communities and blogs are subject to post-monitoring. Personal postings on social media like Facebook and Twitter (currently 'X'), and streaming or videos on platforms like YouTube are also subject to post-monitoring. The Performance Team, Music Team, and the Cyber Search and Response Team are in charge of monitoring them. The entire nation is practically subject to censorship or surveillance.

News organizations are subject to even more severe censorship. The Reference Book highlights nine points to keep in mind when censoring the press as follows:

Look for what’s unusual in the article.

What needs to be deleted may hide in a corner you didn’t expect.
Particular care should be taken to articles published in culture and sports pages, where you usually pay less attention.
Even if a reporter urges you to complete censoring, mentioning tight deadlines, you should take enough time to carefully review the article.
If reporters complain or protest to the civilian censors, they can be replaced with active-duty soldiers.

Main guidelines for press censorship: Reporting restrictions and propaganda

The Martial Law Reference Book stipulates that press guidelines consist of two core principles: Restrictions and propaganda.

Parts of a news article that don’t comply with the guidelines should be partially or completely deleted or revised. Media organizations or reporters that violate the guidelines are restricted from reporting. If the violation is repeated, the Martial Law Command can punish them for violating martial law decrees, according to the book. If Yoon’s Dec. 3 Coup continued, these reporters may be subjected to arrest and detention without a warrant in accordance with the Decree No. 1.

The Reference Book lists out 36 types of news stories to be banned to report. Of 36, “attacking government policies” stands out the most. It is entirely up to the Martial Law Command’s Press Censorship Dept. to decide what is legitimate criticism and what is condemnation.

Reporters are banned from reporting any negative news about the military forces, such as crimes like illegal selling of military supplies, incompetence of commanders, and failed operations, according to this list.

Stories like someone secretly manufacturing and selling drugs also can’t be reported. The ultimate purpose of banning the 36 types of stories is to keep the prestige of the military, while the military forces are maintaining social order instead of the police.

Some stories must be reported in detail and with a greater emphasis. The Martial Law Reference Book commands that stories of successful operations, heroic tales, and good deeds of the military should be reported in an exaggerated manner.

Park Sung-ho, chairman of the Korea Broadcasting Journalists Association, said that such reporting guidelines “seems like an idea that would come from a totalitarian or communist state.”

Korea’s experience of press censorship in the 1970s and 80s

Korean society already experienced what horrors can happen when the freedom of the press and publication is restricted under martial law.

In May 1980, the military controlled the media coverage in Gwangju, and the majority of the Korean people were not aware of what was happening in Gwangju. On this account, the May 18 Gwangju Democratization Movement was mistakenly perceived as a riot by pro-North Korean individuals until the National Assembly's Commission to Investigate the Truth of the May 18 Democratization Movement investigated what happened in Gwangju in 1988.

At the same time, Chun Doo-hwan's military regime issued press guidelines daily during his martial law to pressure the media to become the regime's mouthpiece. The daily guidelines do more than simply instructing what should be reported or not. The guidelines were so detailed that they decided the length or headline of a story, and even which quote to include in the story.

Since when the military junta leader Park Chung Hee died in Oct. 1979 until the second military dictator Chun Doo-hwan took power and lifted his martial law in Jan. 1981,

the Martial Law Command reviewed 1.08 million news articles for censorship in 15 months. Of these, 29,000 articles were deleted for violating the press guidelines.

899 journalists who refused to follow the press guidelines were dismissed.

Of 899 dismissed journalists, 318 broadcast reporters were most dismissed, followed by 265 from daily national newspapers and 235 from regional newspapers.

“People won't be able to form opinions, think critically and exchange opinions with others,” Lee Jong-hyuk, a professor of Kyung Hee University Department of Journalism and Communication said. “The healthy public opinion-building system that has existed in our society will be destroyed.”

Censorship also applies to Seoul-based foreign newsrooms

The press censorship applies not only to local media but also to foreign journalists. For this purpose, the Martial Law Command organizes a separate foreign press unit under the Press Dept. Foreign journalists who violate the press guidelines more than once are subject to visa cancellation or deportation, according to the Reference Book.

In the past, Korean martial law forces censored foreign press reports. Before the 1980 trial of then-opposition politician Kim Dae-jung about a conspiracy that he tried to overthrow the government, the Martial Law Command forced foreign media including UPI to delete or revise parts of their articles.

A draft of an article written by a Seoul-based UPI correspondent on August 19, 1980 shows that this article was censored by the martial law authorities. The draft has a stamp that reads “Censorship Completed” and traces of ordering deletion and change of words. (Source: Korea Democracy Foundation, Document donated by Linda Huffman Jones)

“It (Forcing press censorship) runs against all ideas of what a democracy is,” Raphael Rashid, a Seoul-based freelance journalist working for The Guardian, said in an interview with KCIJ-Newstapa. “I find it extremely concerning and not just for the journalists in question but for the people in general who have a right to know what's happening in the country whether it comes from Korean media or foreign media.”

Other countries guarantee freedom of the press even in national emergencies

KCIJ-Newstapa looked into whether other countries are also restricting the basic rights of the people – freedom of the press and publication – in national emergencies.

In the United States, martial law was first declared in 1814 during the War of 1812, and at least 68 times since then, including 3 years of martial law in Hawaii during World War II by President Roosevelt, and during the Civil War by President Lincoln.

However, the federal constitution doesn’t state martial law, as there is concern that martial law will be abused. Of the 50 U.S. states, eight have provisions related to martial law in their State Constitutions. Three States have provisions that clearly prohibit declaring martial law, and five allow the governor or legislature to declare martial law in emergency situations like invasion or insurrection. Even in the five states, martial law situations cannot suspend administrative or judicial powers, nor can it restrict the freedom of speech and expression, the basic rights of the people.

Only five U.S. state constitutions are designed to make declaration of martial law possible, but even if it’s declared, it cannot restrict the freedom of the press and expression.

“Press freedom is guaranteed by the first of the 10 amendments that make up the Bill of Rights in the United States Constitution,” Caroline Hendrie, Executive Director of the Society of Professional Journalists, wrote in an email interview with KCIJ-Newstapa. “Even in instances when martial law may be declared, the American people's constitutional right to freedom of the press may not be abridged.”

In France and Germany, freedom of the press cannot be restricted in a state of national emergencies like invasion. France enacted martial law in 1791, immediately after the French Revolution, but it has never been declared since. It wasn't declared even during World War I or II.

French national defence law Code de la défense specifies four basic civil rights that can be restricted in a state of martial law, including night-time house search and collecting weapons. This law bans publications and assemblies that may threaten public safety, but does not restrict the people’s right to know and free expression.

France has never actually issued martial law. French national law can only restrict publications and assemblies that may threaten public safety as an exception in martial law situations, but cannot restrict people’s right to know and the freedom of expression.

Germany does not restrict the freedom of the press, publication, and assembly. Even if the country is invaded, political freedom and the workers’ right of collective action are guaranteed.

In 2004, the UK reorganized a number of laws related to the emergency situations and national security to integrate them into the Civil Contingencies Act. The Act allows the government to warn or advise the public and provide information in the event of an emergency or when an emergency is likely to occur, but there are no clear provisions that may restrict freedom of the press.

“There would be such an outcry if they were to try and limit what we could print or broadcast,” Chris Frost, Chair of National Union of Journalists Ethics Council said. “When Argentina attempted to take over the Falkland islands and we sent a task force there, which was back in the 1980s, there was no suggestion then that the press would be limited in what they could write or publish.”

Korean Journalists call for amendments to provisions that limit basic rights

For this reason, Korean journalists are calling for amendments to the current Martial Law Act, which restricts freedom of the press.

“Freedom of the press is for all people, and it is too easy to abuse it to control it legally,” Park said. “Looking at other overseas cases, such as the US First Amendment, which prevents the establishment of any laws that restrict freedom of the press, I think we should take this opportunity to revise the Constitution and the Martial Law Act to prevent abuse.”

“Freedom of the press is the cornerstone of democracy, which cannot be restricted by anyone,” Park Jong-hyun, President of Journalists Association of Korea, said. “I think that part of the Martial Law Act should be deleted or amended.”

“Freedom of the press is people's basic right. The fact that the martial law and related laws specify the restriction of basic rights is itself contradictory," Lee said. “So, this is an opportunity to evaluate if revisions are needed to the provisions that restrict press freedom, including censorship, under martial law.”

After the Dec. 3 coup, 37 bills to amend the Martial Law Act were proposed, but none of them included a provision that states people's basic rights should be guaranteed in any circumstances.

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Video Reporting	Oh Joon-sik, Lee Sang-chan
Video Editing	Jang Joo-young
CG	Jung Dong-woo
Design	Lee Do-hyeon
Publishing	Heo Hyeon-jae

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