The revised Information and Communications Network Act and its enforcement regulations have significantly strengthened the responsibilities of major online platforms in addressing misinformation. With the introduction of fines up to 1 billion won and punitive damages up to five times the amount for repeat offenders of misinformation, platforms are now required to manage misinformation more systematically.
The law applies to large information and communication service providers with an average daily user count of over 1 million in the previous three months. This includes major domestic and international platforms such as Naver, Kakao, Daum, YouTube, Instagram, and Facebook.
Under the new law, platforms must establish self-regulatory operational policies to address misinformation. These policies must outline the criteria for identifying misinformation and the procedures for reporting and taking action. When a user reports misinformation, the platform is required to notify them of the report.
If a post is deleted, blocked, or its exposure is limited, the platform must inform both the reporter and the poster of the reasons for the action and the process for filing an appeal. Additionally, platforms must prepare and publicly release a report at least once every six months detailing the number of misinformation reports and their outcomes.
In response to the law, domestic platforms are revising their operational policies.
Naver has amended its existing terms of service to enhance user protection. It now restricts the posting of content that intentionally disseminates misinformation, infringing on the rights of others or public interest, and has specified that hate speech inciting violence or discrimination against individuals or groups is also prohibited.
Kakao revised its service operational policy on June 30, adding a new prohibition against disseminating misinformation that harms others or unfairly benefits oneself, infringing on public interest or the rights of others. The updated policy also states compliance with the KISO guidelines for self-regulation of misinformation, which will take effect on July 7.
While the previous operational policy broadly prohibited actions that disrupt normal service operations, the revision specifically delineates the distribution of misinformation as a separate prohibited action.
However, private messaging services like KakaoTalk are not subject to these regulations. The Broadcasting and Communications Commission clarified that private messages exchanged between individuals are not regulated, while services that allow for public distribution of information, such as open chat rooms, are included.
AXZ, which operates the Daum service, has similarly incorporated the KISO guidelines into its operational policy and defines the distribution of misinformation as prohibited activity during service use.
In response to concerns that the government might be preemptively censoring online posts, officials emphasized that the determination of misinformation will be based on the platforms' self-regulatory policies, and this system is designed to prevent user harm and provide relief to victims.
However, the response from foreign platforms has been lukewarm. Companies like Google, Meta, and X have not yet disclosed any changes to their terms of service or operational policies in relation to the new law. This raises concerns that only domestic platforms may bear significant administrative and financial burdens.
For foreign platforms with local branches in South Korea, applying domestic laws can be challenging if their servers are located abroad. Additionally, pressure from the U.S. government to favor domestic platform companies complicates the situation. Major tech companies are also operating under a regulatory relaxation trend in their home countries, making it difficult to align with South Korea's regulatory realities.
* This article has been translated by AI.
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