Control of information through tightly controlled State media and prohibition of any external information, including non-political information

197. Summing up the impressions that numerous persons who fled the DPRK conveyed to the Commission, one witness emphatically stated :

“You are brainwashed … don’t know the life outside. You are brainwashed from the time you know how to talk, about 4 years of age, from nursery

171 TAP009.

172 Seoul Public Hearing, 22 August 2013, afternoon (with additional details provided by the witness in a confidential interview).

173 Seoul Public Hearing, 22 August 2013, afternoon (00:10:48).

school, brainwashing through education, this happens everywhere in life, society, even at home … North Korea is not open to the outside world, is a fenced world. So nothing should come through that fence. Even listening to the radio, this is restricted to certain channels. They want the people to be blind, deaf to the outside world, so that the people won’t know what is happening.”¹⁷⁴

(a) Control of television and radio

198. There are four television channels that are broadcast in the DPRK. One channel is for the “ordinary people”, i.e. outside Pyongyang, called Chosun Central Television.

Another channel is only for Pyongyang residents called Education and Cultural Broadcasting. A third channel, Kaesong Television, is broadcast to the ROK. On weekends, there is a fourth channel for foreigners called Mansudae Television. Foreigners in Pyongyang can watch the other channels in the Korean language whereas Mansudae Television broadcasts programmes in their original language with subtitles in Korean.

There are programmes in Chinese and Russian. People in Pyongsong, Nampo, and other regions close to Pyongyang can also watch those channels meant for Pyongyang residents such as Education and Cultural Broadcasting and Mansudae Television.¹⁷⁵

199. In addition to direct propaganda programming, there may be other programmes with songs and dramas. Their underlying message, however, remains about being loyal to the state. Even a romance between a man and a woman typically includes their pledging allegiance to the government.¹⁷⁶ Cinema is also directed, under the instructions of Kim Il-sung and Kim Jong-il, to “play a mobilizing role in each stage of the revolutionary struggle.”¹⁷⁷

200. When people buy television sets in the DPRK, they have to register the television with a government authority, the Transmission Surveillance Bureau of the SSD, referred to as Department or Bureau 27. This bureau is responsible for modifying the equipment so that it is able to receive only the approved channel(s) and to block off television channels broadcast from the ROK, China and Russia. The DPRK also deploys sophisticated jamming equipment to block foreign television broadcasts.¹⁷⁸ However, such jamming efforts face limitations considering they are energy-intensive while the DPRK commonly suffers from energy shortages.

201. Due to the different capabilities of radio wave frequencies and the changing radio signals depending on atmospheric conditions and solar activity, it is much harder to control radio transmissions. For example, the radio channel used to listen to “Chosun Central Broadcasting” (a state-approved channel) in the summer switches to an ROK radio channel called “One-Nation Broadcasting” in the winter. For this reason, the state does not normally permit ordinary DPRK residents to own radios. Radios inside cars and automobiles are removed before ordinary DPRK citizens can acquire a vehicle. DPRK citizens are allowed to own cassette recorders. These are usually foreign produced and come equipped with a radio; the “Communication Maintenance Bureau” and Ministry of People’s Security (MPS) is responsible for removing the radio components of the cassette recorder before it can be

174 TAP003.

175 TAP009.

176 Ms Jeong Jin-hwa, Seoul Public Hearing, 22 August 2013, afternoon.

177 A quotation by Kim Il-sung in Kim Jong-il, “The Cinema and Directing” (Pyongyang, Foreign Languages Publishing House, 1987). Available from http://www.korea-dpr.com/lib/209.pdf.

178 TAP009.

used by ordinary citizens. Free-dial radios are confined to specific organizations, or are used by the military for purposes of emergency situations.¹⁷⁹

202. DPRK citizens with some technical knowledge are able to listen to the radio, including foreign broadcasts, while avoiding detection. A skilled technician can substitute the missing components in a recorder such that a nail can be used externally to complete the circuit to allow someone listening to the radio using earphones to appear as if he or she was simply listening to the recorder. Short wave radio broadcasts produced by stations located in or set up by the ROK are also easily accessible with appropriate equipment.¹⁸⁰ Several of these Seoul-based radio stations, some funded by the USA, are run by former DPRK nationals and provide listeners with not only news from outside the DPRK but also news regarding the DPRK and the government’s activities not normally broadcast internally.¹⁸¹ 203. As portable free-tuning radios from China are inexpensive and can easily be concealed, DPRK citizens are also reported to secretly purchase and smuggle these into the country, despite the obvious risks of being caught with one.¹⁸² Kim Jong-il reportedly issued an order in 1999 to the SSD that anyone found to have a small mobile radio should be treated as a spy. Department 27 officials carry out surprise inspection visits to private households in order to investigate whether people have manipulated their state-approved radios/recorders and televisions or secretly acquired equipment, smuggled in from China, in order to receive foreign broadcasts. If anyone is detected with forbidden equipment, their television set or radio is confiscated and they are sent for ideology re-education. If they are officials, they are liable to lose their positions.¹⁸³

• One witness, who worked as an inspector checking televisions and radios in North Hamgyong Province near the Chinese border, described how he had to check the equipment in an area inhabited by privileged officials. He remembered once catching a mother who allowed her small children to watch the cartoon “Tom and Jerry” on Chinese television. The mother pleaded with him not to report her, and, in exchange for a bribe, he did not.¹⁸⁴

(b) Control of print media and the Internet, and other means of communication

204. In 2009, the DPRK informed the Human Rights Council that there are 480 newspapers published and circulated in the DPRK at national and provincial levels, factories, enterprises and universities. It was also claimed that there “were hundreds of kinds of magazines published by scores of publishing houses.”¹⁸⁵

205. A witness who worked in the state media apparatus in the DPRK told the Commission that all of these newspapers, despite their different titles and reporters, have essentially the same content. All media content, including television, newspapers and radio, is controlled by the Publication and Broadcasting Department which operates within the Propaganda Department of the Workers’ Party of Korea.

206. There is no editorial freedom in the DPRK; all stories published at all levels are pre-determined and centrally controlled. The Publication and Broadcasting Department issues a

179 TAP009, TJH008.

180 TAP009.

181 Reporters Without Borders, “North Korea: Frontiers of Censorship – Investigation Report”, October 2011, pp. 4, 8.

182 Intermedia, “A Quiet Opening: North Koreans in a Changing Media Environment”, May 2012. p. 21.

Available from http://www.intermedia.org/a-quiet-opening-in-north-korea/.

183 TAP009, TJH008.

184 TJH008.

185 A/HRC/WG.6/6/PRK/1, para. 42.

“monthly plan for publication and report” to the Central Party and each regional newspaper agency, broadcasting bodies, and magazine publishing houses. All publication, broadcasting and magazine publishing entities formulate their work plan based on this monthly plan.¹⁸⁶ For example, if the government were to order that more grass eating animals are to be reared, all media content down to the regional levels would relate to this topic.¹⁸⁷

207. All content prepared by journalists goes through several layers of review. While editing does occur, the layers of review relate more to censorship; ensuring that content is in line with the directive and state ideology.¹⁸⁸ Journalists are liable to be admonished for seemingly minor mistakes in not adhering to the Publication and Broadcasting Department directive or the state ideology.¹⁸⁹

• Mr Jang Hae-sung provided testimony at the Seoul Public Hearing of the Commission saying that he made a typographical error and misspelled Kim Il-sung’s name in a report. He was sent to a training camp for six months as punishment for this transgression.¹⁹⁰

208. Local journalists are not ordinarily allowed to go abroad on reporting assignments.

A very small number of journalists at the central level would be permitted to go overseas on assignment, usually to China or Russia. Foreign correspondents in the DPRK, initially mainly coming from China, Russia and Cuba, are apparently only allowed to write stories complimentary of the DPRK. They are also not allowed to speak to the general population.¹⁹¹ It has been often reported that the DPRK permits foreign media only for occasional visits, usually for important ceremonial events. In those situations, the foreign journalists are subject to restricted movement and must be accompanied by officials at all times.

209. There has been some recent liberalization of restrictions on foreign journalists operating within the DPRK though the system is still far from free. Associated Press (AP) opened a western news bureau in January 2012. It claimed at the time that its Pyongyang bureau, which is based inside the official Korean Central News Agency, would operate under the same standards and practices as AP bureaux worldwide.¹⁹² A foreign correspondent (who is part of a small team of AP journalists who are allowed to visit the DPRK on a regular basis) spoke of having a minder accompanying him at all times during field visits. Attempting to evade the minder was not possible as the journalist would have had their visa revoked in response. Requests to view certain events or locations not already planned by the authorities are usually declined. Official permission is also required for ordinary citizens to meet foreigners. Members of the public who are introduced by the minders to foreign journalists typically have only positive things to say about the situation in the country.¹⁹³

186 TAP009; Mr Jang Hae-sung, Seoul Public Hearing, 22 August 2013, afternoon.

187 TAP009.

188 Note sub-principle 4.7 of the Ten Principles which states, “Use considerately the guidelines of the Leader when preparing reports, discussions, lectures or printed materials and eliminate any words or writing that is contrary to his instructions.”

189 TAP009; Mr Jang Hae-sung, Seoul Public Hearing, 22 August 2013, afternoon.

190 Seoul Public Hearing, 22 August 2013, afternoon.

191 TAP009.

192 “Associated Press opens news bureau in North Korea”, The Guardian, 16 January 2012. Available from http://www.theguardian.com/world/2012/jan/16/associated-press-bureau-north-korea.

193 “Now You See It”, National Geographic, October 2013. Available from http://ngm.nationalgeographic.com/2013/10/north-korea/sullivan-text.

• One witness spoke of having to memorize a script which was incomprehensible to her and other employees of a public facility which was expected to receive foreign officials inspecting the facility. As the Party secretary was expected to accompany the inspectors, everyone was fearful and practised the given script repeatedly so as not to make a mistake.¹⁹⁴

• Another witness described having a friend who worked in the Propaganda department. His friend told him that when there were inter-Korean or other international meetings, the department would provide a script to be followed by participating DPRK officials. If someone diverted from the script, the meeting would be halted and that person would be reproached.¹⁹⁵

210. The Commission learned that while it is possible for an individual to have a telephone installed in the DPRK, it is restricted and extremely expensive. Wiretapping of such telephones was also found to be “enforced in an effort to cut off and control the flow of information.”¹⁹⁶ It was reported in mid-2013 that the only 3G mobile provider in the DPRK is now nearing 2 million subscribers (close to ten per cent of the population). Mobile phone usage was apparently rare before the North Korean mobile phone service,

‘Koryolink’, was launched in 2008. The service is now available in all major cities and along main roads and rail routes across the country. While the service includes voice calls and SMS, the government does not allow its citizens to make international calls or connect to the Internet. Foreigners and tourists visiting the country are allowed to use the Internet and international communication, but are barred from contacting most domestic telephone lines.¹⁹⁷ Koryolink also reportedly sells a Chinese-made mobile phone with only basic functions.¹⁹⁸

211. While around 2 million citizens are said have access to computers, they only have access to an intranet system that contains information filtered and determined by the government. Internet access is restricted to a limited few such as universities or some members of the elite.¹⁹⁹ Computers must be registered with the authorities including those for official organizational use and home computers are not connected to the intranet system.²⁰⁰

212. Reportedly, following the execution in December 2013 of Kim Jong-un’s uncle, Jang Song-thaek, about 35,000 articles from the KCNA website and a further 20,000 items from the Rodong Sinmun website were removed.²⁰¹ This appears to be part of the wider

194 TSH051.

195 TSH052.

196 KINU, White Paper on Human Rights in North Korea (2011), pp. 275-277.

197 Orascom Telecom Holding (OTH) subsidiary Koryolink is operated through Cheo Technology, a joint venture between OTH and the North Korean Ministry of Posts and Telecommunications. OTH owns 75 per cent of the operation, with the DPRK government owning the rest. Koryolink launched its 3G coverage in Pyongyang in December 2008 with an initial 5,300 subscribers. “Orascom Telecom North Korean mobile subsidiary nears 2 million subscribers”, Daily News Egypt, 1 May 2013. Available from http://www.dailynewsegypt.com/2013/05/01/orascom-telecom-north-korean-mobile-subsidiary-nears-2-million-subscribers/.

198 “North Korean Traders Scramble for Smartphones From South”, Radio Free Asia, 15 November 2013.

Available from http://www.rfa.org/english/news/korea/smartphones-11142013185158.html.

199 TAP009; National Human Rights Commission of Korea, Seoul Public Hearing, 22 August 2013, afternoon; KBA, 2012 White Paper on Human Rights in North Korea , p. 313 footnote 13.

200 Intermedia, “A Quiet Opening: North Koreans in a Changing Media Environment”, pp. 57, 72.

201 “In 1984 moment, N. Korea deletes near entirety of news archives”, NK News, 16 December 2013.

Available from http://www.nknews.org/2013/12/in-1984-moment-n-korea-deletes-near-entirity-of-news-archives/.

efforts to purge Mr Jang from the DPRK’s (political) history and is reflective of how the state controls and manipulates information to support its official position.

213. Department 27 is also believed to be responsible for monitoring email transmissions, and the use of mobile phones and satellite phones including those of foreigners.²⁰² Surveillance apparatus in the DPRK is increasingly sophisticated, and the areas monitored are increasingly expanding beyond the border areas. Information received by the Commission indicates that the SSD employs a large number of hackers who interfere with websites critical of the regime.²⁰³

• Mr Kim Joo-il, who fled the DPRK and now runs a website with political news and human rights information about the DPRK, testified before the Commission that his page was attacked on so many occasions that his service provider had informed him that it was no longer willing to host the webpage.²⁰⁴

(c) Crackdown on foreign movies and mobile telephones

214. All CDs and DVDs used in the DPRK must have a stamp to show they are government approved. Over the last few years with the growth of informal markets, movies and recorded television programmes from the Republic of Korea are increasingly being smuggled into the DPRK for use on CD/DVD players and mini disk drives. Local officials, sometimes including SSD agents, or persons connected to these officials, are often involved in secretly selling and distributing ROK films. A 2012 study on the changing media environment in the DPRK found that half of its sample reported having watched a foreign DVD.²⁰⁵

215. Many witnesses spoke about crackdowns and inspections searching for ROK soap operas and films on DVDs, CDs and USB sticks. They recounted personally being caught and punished for watching ROK content, or knowing people who were subject to such treatment.²⁰⁶ The minimum punishment for those found to have watched South Korean films or with South Korean films in their possession was a period in a labour re-education centre.²⁰⁷

216. Articles 194 and 195 of the DPRK’s 2009 Criminal Code provide for the punishment of reform through labour for any period less than five years, depending on the gravity of the offence, with respect to the “conduct of decadent acts” such as “watching or listening to music, dance, drawings, photos, books, video-recordings or electronic media that reflects decadent, carnal or foul contents” as well as “listening to hostile broadcasting and collect[ing], keeping and distribut[ing] enemy propaganda”.²⁰⁸

• Ms L testified that she regularly watched ROK movies on a hard disk or CD, but she was very scared of being caught. Some of the vendors were shot to death. She was asked by the municipality to go to one of the executions, but did not do so. The

202 TBG031. TLC041 referred to Bureau 14 being responsible for monitoring telephone waves.

203 See also “North Korea’s ‘World Class’ Cyber Attacks Coming from China”, VOA News, 21 November 2013. Officials in the ROK were reported to have said that recent cyber attacks traced to Pyongyang have demonstrated hacking capabilities that are world class, and that there are seven North Korean hacking organizations and a network of spies operating in China and Japan. Available from http://www.voanews.com/content/north-koreas-world-class-cyber-attacks-coming-from-china/1795349.html.

204 London Public Hearing, 23 October 2013, session 4.

205 Intermedia, “A Quiet Opening: North Koreans in a Changing Media Environment”, p. 8.

206 TAP001, TAP002, TAP008, TAP015, TJH017, TJH028, TSH019, TSH052.

207 TAP002; Intermedia, “A Quiet Opening: North Koreans in a Changing Media Environment”, p. 71.

208 2009 Criminal Code of the DPRK as translated by Citizens’ Alliance for North Korean Human Rights.

authorities could not force her, because she was out of school and they could not easily locate her. In her home province, there was a special security force that was assigned to crack down on the viewing of South Korean movies. They conducted door to door searches and checked people’s CD players. On some occasions, they waited for the electricity power to come on and then deliberately cut it, so that people could not take out the CD from the player. On one occasion, a friend threw his CD player out of the window, so as not to get caught. Around 2006, one of her sister’s friends, a 31 year old woman and her brother were caught watching South Korean movies and were tortured. She was detained for one month, during which she was deprived of sleep and beaten. She had to write a long apology for days on end. Shortly after her release, Ms L saw the woman and noticed how thin she was.

She also heard that the woman’s brother was beaten so badly that he could not walk for a while.²⁰⁹

• A former SSD official, who served in a border province, indicated that the SSD would be responsible for monitoring illegal importation of “capitalist” goods such as soap operas from the ROK and pornographic material. Those implicated in such crimes would be shot to death or sent to an ordinary prison camp (kyohwaso) for 10-15 years depending on the severity of the crime and level of involvement.²¹⁰

• One witness informed the Commission that, in 2008, a relative of hers had watched CD-roms from China and then gave the CD-roms to his friends. He was arrested by the local authorities and “tried” publically, and eventually executed in Hoeryong.²¹¹ 217. The Commission was informed by several witnesses that orders were apparently handed down directly by the Supreme Leader to crack down on foreign movies. Group 109, an inter-agency surveillance group named after the date of its establishment on 9 October 2003 by Kim Jong-il, is mentioned as being responsible for specifically cracking down on these items.²¹² Group 109 also gathered people in a stadium, more than twice a month, as spectators to those who had been caught and would be sent to an ordinary prison camp (kyohwaso) as a warning for the rest.²¹³ According to one former SSD agent, Group 109 was made permanent in 2009 and with more specialized agents.²¹⁴

• According to one witness, there was a very large crackdown under the order of Kim Jong-il on items illegally imported from the ROK and other prohibited goods into the DPRK towards the end of 2004. A central inspection group was reportedly established, comprising representatives from the Central Committee of the Workers’

Party of Korea, the prosecutor’s office, the judiciary, SSD intelligence, the police, the Youth League, Women’s Union, and Workers’ Organization. The central inspection group had full authority to undertake inspections, arrests and imprisonment. It had the objective of “clearing” the areas near the border including Musan, Hoeryong, and Onsong in North Hamgyong Province, and in Ryanggang Province. Examples of prohibited items included illegal books (such as books not printed in the DPRK, and religious and other DPRK books published without Government approval) and illegal recordings (such as CD-roms, video tapes, and memory cards) from foreign countries. Illegal activities involving trafficking in

209 Tokyo Public Hearing, 29 August 2013, afternoon (with additional details provided by the witness in a confidential interview).

210 TJH015.

211 TBG028.

212 TAP002, TAP008, TBG031.

213 TAP008.

214 TLC041.