On July 7, the Broadcasting and Media Communications Commission (BMCC) released guidelines to help understand the revised "Act on Promotion of Information and Communications Network Utilization and Information Protection" and its enforcement decree. A briefing was held on July 8 at the Government Complex in Gwacheon to explain the key points.
The guidelines include criteria for large information communication service providers (types of services and number of users), compliance requirements for businesses (establishing self-regulatory policies, receiving and addressing reports, preparing and publishing reports, and supporting fact-checking activities), procedures for relief in cases of illegal or misleading information (reporting and dispute resolution applications, BMCC review applications, and damage claims), and sanctions for the distribution of illegal or misleading information (fines).
During the briefing, BMCC Chair Kim Jong-cheol explained the criteria for designating large information communication service providers, the operation of self-regulation by businesses, criteria for determining misleading information, and the procedures for imposing fines.
Kim stated, "I hope these guidelines will minimize confusion in the field and serve as a benchmark for creating a trustworthy information environment for both providers and users. We will actively incorporate feedback from the field during the implementation process and continuously improve the system, sharing examples of legal applications on the BMCC website to help the public easily understand the system."
- Who qualifies as a large information communication service provider as of the enforcement date?
Eight businesses are designated. Domestic providers include Naver, Kakao, Nate, and DC Inside, while international providers include Google, X (formerly Twitter), TikTok, and Meta. A formal notification was sent to these businesses, granting them a week to respond. If no response is received, the designation will take effect after one week.
- When must businesses establish self-regulation policies?
There is no legal deadline or specific method outlined. There are also no penalties for non-compliance. The BMCC will request cooperation from businesses to expedite the establishment of self-regulation policies and plans to monitor or investigate the implementation process.
- Will there be separate guidance for platforms lacking reporting features?
Under the law, businesses must notify both the reporter and the publisher of the receipt of reports and the results of actions taken. The BMCC plans to review each business's self-regulation policy and conduct post-implementation oversight.
- Can satire and parody be considered misleading information?
The final determination will be made by the business according to its self-regulation policy. It is important to be cautious about government intervention in setting detailed criteria, as it could be seen as excessive. Ultimately, court precedents are expected to establish the standards.
- Are AI-generated contents included in misleading information?
The focus is on whether the content is misleading, rather than its origin. If it is technically difficult to determine, businesses can only make judgments within the limits of current technology, with final determinations made by the courts.
- Is confusion expected until court precedents are established?
To protect freedom of expression, the design is such that the final judgment is made by the courts, not administrative agencies. Specific criteria are expected to form as precedents accumulate.
- Who determines whether misleading information is subject to enhanced damages?
The final judgment will be made by the courts. This system targets profit-driven publishers and requires elements such as intent, inducement, purpose, and infringement.
- Is there concern about discouraging publishers?
Information for public interest is not subject to this regulation, and if there is substantial reason to believe it was true at the time, immunity is granted. Protections for freedom of expression are also in place.
- What is the standard for imposing fines on 'identical information'?
This refers to information that has been definitively ruled as misleading by the courts. However, cases where only the background is changed may be subject to interpretation, with the BMCC making the final determination.
- Why is 'policy distortion' included in the criteria for evaluating fines?
This does not refer to criticism of the government itself but is one of the factors in assessing social impact. Fines are based on the premise of maliciously distributing information that has been confirmed as misleading by the courts more than twice.
- Can publisher information be obtained from overseas platforms?
In the context of dispute resolution or litigation, the BMCC can request information from businesses based on the dispute resolution committee's judgment. Failure to comply may result in fines of up to 10 million won. However, if the publisher is overseas or their location is unknown, procedures through U.S. courts may be necessary, and related legislative improvements are under discussion in the National Assembly.
- How many fact-checking organizations are certified by IFCN?
Currently, only JTBC is certified. Three additional organizations have applied for certification and are undergoing review.
- Is there a fairness issue with only JTBC as the fact-checking organization?
It is not mandatory for platforms to partner with fact-checking organizations; it is a choice. There has been no indication that JTBC intends to enter into an agreement, and it seems they are not currently considering it. It is believed that this issue will naturally resolve as more certified organizations emerge.
- When will the Information Transparency Center be operational?
It has not yet been established due to the lack of budget allocation this year. Preliminary budget planning is underway, and after its establishment, the BMCC plans to evaluate certified organizations to select those eligible for support.
- What support will be provided to fact-checking organizations?
Support may include system development, database creation, fact-checking activities, training, and research projects.
- Can government support and independence coexist?
The policy is to provide budget support while not intervening in what issues are fact-checked or the criteria used.
- What is the budget size?
Approximately 2.8 billion won is being sought.
* This article has been translated by AI.
Copyright ⓒ Aju Press All rights reserved.