Under the revised Act on Promotion of Information and Communications Network Utilization and Information Protection, eight platforms subject to obligations to respond to false or manipulated information have been set as Naver, Kakao, Nate, DCInside, Google, Meta, X (formerly Twitter), and TikTok.
On the 8th at the government complex in Gwacheon, Shin Young-gyu, Director General of user policy at the Korea Media and Communications Commission (KMCC), held a briefing on the "guidelines under the Act on Promotion of Information and Communications Network Utilization and Information Protection to prevent the distribution of false or manipulated information," saying, "We notified eight operators this morning that they were designated as subject to regulation," and stated accordingly.
The revised Act on Promotion of Information and Communications Network Utilization and Information Protection took effect on the 7th. If a "report of false or manipulated information" is filed against a platform with an average of 1 million daily users, the platform is required to take actions such as deletion in accordance with its self-regulatory policy. YouTubers or influencers active on platforms are made subject to punitive damages. The government emphasizes that it is "a law to protect the public from the harms of false or manipulated information and a law to prevent 'cyber wreckers' (those who spread fake news to boost views)." However, controversy that it chills freedom of expression has continued even after implementation. The opposition has signaled a constitutional petition for review, and more than 140,000 people have agreed to a National Assembly public consent petition calling for the law's withdrawal.
Shin said, "The stronger the regulation of false or manipulated information, the more freedom of expression inevitably shrinks, but we designed the system to the extent that it does not unduly suppress freedom of expression." Based on the briefing held that day and materials from the Korea Media and Communications Commission (KMCC), we organized questions and answers related to the revised Act on Promotion of Information and Communications Network Utilization and Information Protection.
─ If you post incorrect information on the internet, does anyone become subject to violating the Act on Promotion of Information and Communications Network Utilization and Information Protection?
"We need to divide it into two cases. The revised Act on Promotion of Information and Communications Network Utilization and Information Protection provides that a 'person who engages in posting information as an occupation' bears liability for aggravated damages when ① they knew the information was false or manipulated, ② they had the purpose of harming others or obtaining unjust gains, and ③ the information infringes on another's personality rights, property rights, or the public interest. There is aggravated damages of up to five times. If they did not know it was false or manipulated, did not have the purpose of harming others, or are not a 'person who engages in posting information as an occupation,' then they are not subject to aggravated damages even if they post incorrect information.
Whether intentional or negligent, anyone who posts incorrect information that harms others bears liability for damages, and there has previously been liability for damages under the Civil Act. The revised Act on Promotion of Information and Communications Network Utilization and Information Protection codifies that "if a person intentionally or negligently distributes illegal information or false or manipulated information on the information and communications network and causes harm to another, they are liable for damages." In addition, the revised Act on Promotion of Information and Communications Network Utilization and Information Protection newly provides that when it is difficult to prove the amount of damages, a court may determine the amount within a maximum of 50 million won."
─ What is a "person who engages in posting information as an occupation"?
"It applies when the 'number of information postings' threshold is met and the 'number of subscribers' or 'number of views' threshold is also met. 'Number of information postings' means a 'person who posted a total of at least three pieces of information in the three months immediately prior to the time of distribution and earned advertising or other revenue.' 'Number of subscribers' is at least 100,000, and 'number of views' is 'an average of at least 100,000 monthly aggregate views of information posted in the three months immediately prior to the time of distribution.' News outlets, YouTubers, and influencers are broadly included."
─ Won't political criticism or satire also be regulated?
"Satire and parody are explicitly excluded from regulation. For political criticism, the revised Act on Promotion of Information and Communications Network Utilization and Information Protection has prepared certain special provisions favorable to posters so that public figures such as politicians do not abuse claims for aggravated damages. However, because the standards for satire and parody, the standards for legitimate political criticism for the public interest, and the standards for false or manipulated information are subjective, it is hard to say the risk is completely eliminated."
─ Who is subject to the maximum penalty surcharge of 1 billion won?
"Among those who posted a total of at least three pieces of information in the three months immediately prior to the time of distribution and earned advertising or other revenue, it applies to a person who has distributed on two or more occasions information for which a final judgment has found it to be illegal information or false or manipulated information. During the legislative debate, a plan to impose a penalty surcharge on platform operators such as Naver and YouTube was reviewed, but the final bill made only posters who uploaded the content subject to the penalty surcharge."
─ How can someone report it?
"Anyone can report it to the platform. Upon receiving a report, the platform operator must take measures such as deleting posts or suspending accounts and notify the reporter and the poster of the result. If the reporter or the poster objects to the result, they may file an objection with the platform and apply for dispute mediation to the Korea Communications Standards Commission."
─ Who decides what is false or manipulated information, and based on what standards?
"The platform operator makes the first determination, and the court makes the final determinations on penalty surcharges and damages. The platform operator has two options. First, refer to guidelines from private self-regulatory bodies such as the Korea Internet Self-governance Organization (KISO) and establish its own operating policy. Second, sign an agreement with a so-called 'fact-checking organization' certified by the International Fact-Checking Network (IFCN) and entrust that body with determinations on whether information is false or manipulated. The Korea Media and Communications Commission (KMCC) will establish a tentative Transparency Center to support research, training, and operation of databases by 'fact-checking organizations.'
This is the most contentious issue in the revised Act on Promotion of Information and Communications Network Utilization and Information Protection. Immediate actions such as deleting posts and suspending accounts are taken by platform operators before a court ruling, and there are concerns that platforms will inevitably conduct prior censorship, such as deleting posts first to minimize potential issues. Also, the only domestic body certified by the IFCN is JTBC, so if a platform signs an agreement with a domestic IFCN-certified body, JTBC would be the one determining whether the platform's information is false or manipulated. If the Korea Media and Communications Commission (KMCC) supports 'fact-checking organizations' through the Transparency Center, there are concerns that a government-supported body would be determining whether information is false or manipulated and thus might not be free from political influence.
The government stresses that because platforms determine whether information is false or manipulated, it is not government censorship, and that it does not interfere at all with the fact-checking procedures of 'fact-checking organizations.' It also explained that although JTBC is currently the only IFCN-certified body, there are three more domestic organizations that have applied to that body for certification."
─ Which platforms are subject to regulation?
"Platforms with an average daily active users (DAU) of at least 1 million during the three months immediately prior to the end of the previous year. For this year, there are eight in total: Naver, Kakao, Nate, DCInside, Google, Meta, X (formerly Twitter), and TikTok."
─ Are messages exchanged on KakaoTalk also subject to regulation under the Act on Promotion of Information and Communications Network Utilization and Information Protection?
"Because the Act on Promotion of Information and Communications Network Utilization and Information Protection regulates information made public, one-on-one conversations on KakaoTalk are not subject to regulation. However, open chat rooms in which unspecified large numbers of people participate are subject to regulation."