How likely is punishment under current law?

Deportation possible if deepfake allegations are confirmed

Johnny Somali being taken away by police after causing a nuisance in Israel. Captured from X (formerly Twitter)

Johnny Somali (real name Ramsey Khalid Ismael, 24), the American 'nuisance YouTuber' who drew public outrage with a string of bizarre antics in Korea, has finally apologized. With public sentiment souring sharply and police launching investigations into his various alleged offenses, he appears to have backed down out of fear of criminal punishment.

According to broadcasting industry sources on the 9th, Somali said on the 7th, standing in front of the Statue of Peace in Dobong-gu, Seoul: "(Kissing the statue) was something I did for the entertainment of my American viewers. Seeing the reaction of Koreans, I realized they were offended. I had no intention of hurting your pride. I hope you will accept my apology." He repeated the apology in Korean as well, saying, "I was too young (and didn't know better). I am truly sorry."

Though Somali has bowed his head, public opinion remains cold. The YouTube channel 'J Company_Politics & Current Affairs,' where the video was posted, was flooded with critical comments such as: "He apologized in Japan too before being deported, then moved on to another country and kept doing weird things," "What right do the Korean YouTubers who staged Somali's apology have to seek reconciliation on behalf of the victims?" and "Proceed with the investigation into Somali as planned and detain him right away."

Police are in fact looking into Somali's various alleged offenses. He was booked on charges of obstruction of business after playing music and dancing in a convenience store in Mapo-gu, Seoul, on the 17th of last month and hurling profanities at an employee who tried to stop him. Mapo Police Station launched an investigation, imposing a travel ban and summoning him for questioning. He was spotted at Incheon International Airport on the 30th of the same month, raising suspicions that he was trying to flee the country, but the police travel ban means he will be staying in Korea for the time being.

Somali is also accused of producing and distributing deepfake (AI-based image synthesis) pornography. On the 1st, he created a video of himself kissing Ms. A, a Korean female streamer active on the personal broadcasting platform Kick, and livestreamed it on his YouTube channel, after which Ms. A filed a complaint against him for violating the Act on Special Cases Concerning the Punishment of Sexual Crimes (distribution of false videos and the like). In the video he reportedly claimed to have had sex with Ms. A.

If these allegations are proven true, he could face severe criminal punishment. Deepfake crimes are serious offenses that the National Assembly, the courts, the prosecution and the police have all recently vowed in unison to crack down on. Under Article 14-2 of the Act on Special Cases Concerning the Punishment of Sexual Crimes, producing a deepfake video is punishable by up to seven years in prison or a fine of up to 50 million won; if Ms. A's claims are correct, Somali could spend a considerable stretch of time behind bars in a Korean prison.

Shin Dong-woo, Managing Partner at DAEON Law Firm, told the Kukmin Ilbo by phone: "Under current law, a foreigner who commits a crime in Korea is subject to the same statutes as a Korean national. As for the charge of obstructing the convenience store employee's business, the harm was minor, so I think it may end with something like a fine. But in the case of distributing a deepfake video, if the allegation is true, it will be difficult for him to avoid severe criminal punishment."

If Somali did in fact produce the deepfake video and is criminally punished, he could be deported after serving his sentence. Under current law, if a foreigner residing in Korea receives a criminal punishment of a fine of 3 million won or more in a single case, or if the total fines paid over five years exceed 5 million won, the Ministry of Justice may decide after review whether to deport them. Distributing a deepfake video is a serious crime that far exceeds this threshold.

Some observers note, however, that actual deportation is another matter. "Looking at Somali's track record, it seems quite likely that he will receive a criminal punishment exceeding the requirements for deporting a foreigner under current law," said one attorney who asked not to be named. "But because deportation also requires considering diplomatic relations with the other country, the government does not automatically decide to expel someone just because the requirements are met. There is room for the judicial authorities and the government to reach different judgments."

Reporter Kim Jin-wook reality@kmib.co.kr