Under the revised Act on Promotion of Information and Communications Network Utilization and Information Protection, eight platforms subject to obligations to respond to false and manipulated information have been set as Naver, Kakao, Nate, DC Inside, Google, Meta, X (formerly Twitter), and TikTok.
Shin Young-gyu, Director General of the Korea Media and Communications Commission (KMCC) 's User Policy Bureau, held a briefing on the 8th at the Government Complex Gwacheon on the "Act on Promotion of Information and Communications Network Utilization and Information Protection guidelines to prevent the distribution of false and manipulated information," and said, "We notified eight operators this morning that they were designated as regulated entities," and stated accordingly.
The revised Act on Promotion of Information and Communications Network Utilization and Information Protection took effect on the 7th. If a "false or manipulated information report" is filed against a platform with an average of 1 million daily users, the platform is required to take measures such as deletion in accordance with its self-regulatory policy. YouTubers or influencers active on platforms are subject to punitive damages. The government emphasizes that it is "a law to protect the public from the harm of false and manipulated information and a cyber 'wrecking truck' law (those who spread fake news to boost views)." However, the controversy that it chills freedom of expression continues after implementation. The opposition has announced a constitutional complaint, and more than 140,000 people have agreed to a National Assembly public petition calling for the law's repeal.
Shin said, "The more strongly we regulate false and manipulated information, the more inevitably freedom of expression is chilled, but we designed the system to avoid suppressing freedom of expression as much as possible." Based on the briefing held that day and Korea Media and Communications Commission (KMCC) materials, 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 makes a business of posting information" bears liability for aggravated damages when ① they knew it was false or manipulated information, ② they had the purpose of harming others or obtaining unjust gains, and ③ the information infringes on others' personal rights or property rights, or the public interest. There is aggravated damages up to five times. If the person did not know it was false or manipulated information, did not have the purpose of harming others, or is not a "person who makes a business of posting information," they are not subject to aggravated damages even if they post incorrect information.
"Anyone who causes harm to others by posting incorrect information, whether intentional or negligent, bears liability for damages; under existing law there has already been liability for damages under the Civil Act. The revised Act on Promotion of Information and Communications Network Utilization and Information Protection codifies this by stating that "if a person, intentionally or negligently, distributes illegal information or false or manipulated information on an information and communications network and causes harm to others, the person is liable for damages." In addition, the revised Act on Promotion of Information and Communications Network Utilization and Information Protection newly provides that when proving the amount of damages is difficult, a court may determine the amount of damages up to 50 million won."
─ What is a "person who makes a business of posting information"?
"It applies when the "number of information posts" standard is met and either the "number of subscribers" or "number of views" standard is also met. "Number of information posts" means "a person who, during the three months immediately prior to the time of distribution, posted at least three pieces of information and earned advertising or other revenue." The "number of subscribers" standard is 100,000 or more, and the "number of views" standard is "an average of 100,000 or more monthly combined views of information posted during the three months immediately prior to the time of distribution." News organizations, YouTubers, and influencers are broadly included."
─ Isn't political criticism or satire also being 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 and manipulated information are subjective, it is hard to say there is no risk at all."
─ Who is subject to the maximum penalty surcharge of 1 billion won?
"Among those who, during the three months immediately prior to the time of distribution, posted at least three pieces of information and earned advertising or other revenue, it applies to a person who has distributed, two or more times, information that has been finally adjudged to be illegal information or false and manipulated information. During the legislative discussion, imposing a penalty surcharge on platform operators such as Naver and YouTube was reviewed, but the final bill made only the poster who uploaded the content subject to the penalty surcharge."
─ How can someone file a report?
"Anyone can report to the platform. Upon receiving a report, the platform operator must take measures such as deleting the post or suspending the account, and must notify the reporter and the poster of the result. If the reporter or poster objects to the result, they may file an objection with the platform and may apply for dispute mediation to the Korea Communications Standards Commission."
─ Who decides what constitutes false or manipulated information, and based on what standards?
"The platform operator makes the first determination, and the court makes the final determination on the penalty surcharge and damages. The platform operator has two options. First, it can establish its own operating policy with reference to guidelines from private self-regulatory bodies such as the Korea Internet Self-Governance Organization (KISO). Second, it can sign an agreement with so-called "fact-checking organizations" certified by the International Fact-Checking Network (IFCN) and entrust those bodies to decide whether information is false or manipulated. The Korea Media and Communications Commission (KMCC) will establish a tentative Transparency Center to support research, education, and the operation of databases by "fact-checking organizations."
This is the sharpest point of contention in the revised Act on Promotion of Information and Communications Network Utilization and Information Protection. Immediate actions such as deleting posts and suspending accounts occur based on the platform operator's judgment before a court ruling, raising concerns that platforms will inevitably engage in prior censorship by initially deleting posts to reduce potential issues. In addition, in Korea, the only body certified by the IFCN is JTBC, so if a platform signs an agreement with a domestic IFCN-certified body, JTBC ends up determining the platform's false or manipulated information. If the Korea Media and Communications Commission (KMCC) supports "fact-checking organizations" through the Transparency Center, there are also concerns that a government-supported organization would be determining whether information is false or manipulated, making it difficult to be free from political influence.
The government emphasizes that because platforms decide whether information is false or manipulated, it is not government censorship, and that it does not intervene at all in the fact-checking procedures of "fact-checking organizations." It also explained that although JTBC is currently the only IFCN-certified body, three more domestic organizations have applied to that body for certification."
─ Which platforms are subject to regulation?
"Platforms with an average daily active users (DAU) of 1 million or more during the three months immediately prior to the end of the previous year. For this year, there are eight in total: Naver, Kakao, Nate, DC Inside, 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 private conversations on KakaoTalk are not subject to regulation. However, open chat rooms in which an unspecified number of people participate are subject to regulation."