As the amended Act on Promotion of Information and Communications Network Utilization and Information Protection took effect on the 7th, expectations that false or manipulated information will decrease coexist with concerns that freedom of expression could be infringed.
Some say it could eradicate "cyber wreckers" who produce malicious and sensational content to generate revenue, while others argue that because the standard for false or manipulated information is unclear, censorship and blocking will become rampant. The opposition camp has labeled the amended Act on Promotion of Information and Communications Network Utilization and Information Protection as the "gag law," and has even signaled a constitutional complaint.
◇ If "fake news" is repeatedly distributed, damages up to 5 times the loss
The core of the amended Act on Promotion of Information and Communications Network Utilization and Information Protection is that if a person distributes illegal or false or manipulated information online and harms others, they can be held liable for punitive damages of up to five times the loss. If illegal or false or manipulated information verified by a court ruling is repeatedly distributed, the Korea Media and Communications Commission can also impose a penalty surcharge of up to 1 billion won.
Large platform operators with a daily average number of users (DAU) of 1 million or more also face self-regulatory obligations. They must create a manual on procedures for receiving and handling reports related to false or manipulated information, and publish a transparency report at least every six months that includes the number of reports and handling cases and details of actions taken.
The initial determination on false or manipulated information is up to the platforms. If a platform determines, based on its own operating policies and fact-checking results, that content is false or manipulated information, it can delete it.
Accordingly, domestic corporations including Kakao and Naver are known to have aligned their related policies with guidelines from the Korea Internet Self-governance Organization (KISO), a private self-regulatory body. Some, like Meta, work with institutions certified by the International Fact-Checking Network (IFCN).
◎ Grounds to punish hate communities vs. a chill on freedom of expression
On social media and online communities, views are split on the effectiveness of the amended Act on Promotion of Information and Communications Network Utilization and Information Protection. Those with a favorable view expect cyber wreckers' activities to decrease and self-correction to occur even in some online communities rife with regional and gender-based hate content.
There is also substantial criticism. The reason is that, with the standards for false or manipulated information unclear, platforms may resort to excessive deletion and blocking to reduce their liability.
The government stresses that general expressions of opinion or political claims themselves are not subject to regulation, but some argue that personal self-censorship will become routine. That is the backdrop for social media posts such as "I'm too scared to speak" and "The intent is good, but it seems likely to be abused."
The controversy may continue until court rulings related to false or manipulated information are handed down. Han Su-yeon, managing attorney at KND Law Office, said, "It can be seen that legal liability and sanctions have been expanded in a direction that strengthens victim protection," while adding, "The standard for false or manipulated information, which is at the heart of the dispute, will be made concrete by future court decisions."
◇ Opposition: "We will file a constitutional complaint and push for a full re-amendment"
Political circles are also clashing over the amended Act on Promotion of Information and Communications Network Utilization and Information Protection. The People Power Party has signaled a party-level constitutional complaint and says it will push for a full re-amendment.
Jeong Jeom-sik, floor leader of the People Power Party, said at a party floor countermeasures meeting at the National Assembly that "fear of censorship and stigmatization will turn the majority of the public into a silent society," adding, "We will file a constitutional complaint and push as a party line a full re-amendment bill that deletes the toxic provisions."
The Democratic Party of Korea, on the other hand, countered that the amended Act on Promotion of Information and Communications Network Utilization and Information Protection is a minimal institutional measure to block false information. Han Byeong-do, acting party leader and acting authority holder of the Democratic Party, said, "This is a measure that further raises the social responsibility of large platform operators," emphasizing, "There is no 'gag' or dictatorship in the bill."