As artificial intelligence (AI) generated content floods online platforms, the expansion of mandatory labeling requirements is stalled due to disagreements between government ministries. The National Assembly had requested a consensus by early October, but the Ministry of Science and ICT (MSIT) and the Broadcasting and Communications Commission (BCC) have yet to present a concrete agreement.
According to officials on November 1, MSIT and BCC are discussing the possibility of extending labeling obligations for AI-generated content to the distribution stage, but they are facing challenges due to differing positions.
The current 'Basic Law on AI Development and Trust Building' imposes labeling obligations on businesses that provide generative AI or products and services utilizing it. However, there are gaps in ensuring that labeling remains intact when users upload results to external platforms or when others redistribute them.
To address this, an amendment to the Information and Communications Network Act has already been proposed in the National Assembly. The bill, introduced by Democratic Party lawmaker Jo In-cheol in January, includes provisions requiring individuals who create or edit AI-generated audio, images, or videos that are difficult to distinguish from reality to provide notice and labeling.
The issue lies in the differing approaches between the ministries regarding which law should address obligations at the generation and distribution stages.
BCC believes that since the AI Basic Law covers obligations at the generation stage for AI businesses, the Information and Communications Network Act can complement the distribution stage obligations for publishers and platforms. The core idea is to require platforms to provide functionality that allows for labeling AI-generated content during uploads.
A BCC official explained, "We aim to impose management obligations on platforms to ensure that the labeling obligations placed on AI businesses are maintained at the distribution stage."
In contrast, MSIT argues that both the generation stage labeling methods and distribution stage obligations should be reviewed together. They caution that dividing labeling obligations across multiple laws could lead to inconsistencies in application and standards, potentially creating regulatory gaps known as 'gray zones.'
An MSIT official stated, "We have no objections to resolving the issue of lost labeling during distribution and are currently discussing with experts to determine the most efficient and effective approach."
This issue was also raised during a legislative subcommittee meeting of the Science, Technology, Information, Broadcasting and Communications Committee in September. The subcommittee had requested both ministries to prepare a revised proposal by early last month. At that time, MSIT's Second Vice Minister Ryu Je-myung also indicated a willingness to collaborate with BCC on preparations.
However, by the end of October, the two ministries had not finalized their discussions. MSIT has also failed to prepare a draft amendment for submission to the National Assembly. As discussions continue over which law should encompass labeling obligations, the establishment of a system to address the issue of disappearing labels during the distribution of AI-generated content is also being delayed.
Experts point out that the delay in institutional improvements is due to both ministries prioritizing their respective laws and authorities. Hanyang University Professor Kim Tae-yoon remarked, "When each ministry strongly asserts its position, it becomes difficult to make concessions, making it hard to narrow the differences. It is necessary for the National Assembly or the Office for Government Policy Coordination to step in and determine which approach is more beneficial for the country."
* This article has been translated by AI.
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