Reasons for Proposal
The current Act merely punishes a person who takes photos of another person’s body which may cause sexual stimulus or shame against the latter’s will by using a camera or who distributes, sells, leases, provides or openly exhibits or screens the photos so taken (hereinafter referred to as “camera-shot photo”), and does not impose any obligation on an online service provider unlike the Act on the Protection of Children and Juveniles Against Sex Offenses, which imposes an obligation on an online service provider to delete such pornography and punishes him/her in case he/she does not do so.
A camera-shot photo, despite having a tendency to be rapidly disseminated through the information and communications network and being especially easily shareable between users of P2P or webhard sites, require a significant amount of effort and time in its deletion once uploaded and the victim continues to suffer damage during the process.
Details
This proposal aims to impose a responsibility on an online service provider, which sits back on dissemination of camera-shot photos and hence enables massive damage to occur as a result of sexual crimes, and to protect victims from additional damage by imposing an obligation on an online service provider operating a site where a camera-shot photo is distributed to prevent the transmission of such a photo and, in case he/she receives a request from the person photographed to delete such a photo, to oblige such a request and to punish him/her in case he/she does not do so (Articles 2, 52, 14-2, newly inserted).
Major Provisions
Ensure that an online service provider operating a site where a camera-shot photo is distributed to: prevents the transmission of such a photo and, in case he/she receives a request from the person photographed to delete such a photo, obliges such a request; and displays, as prescribed by Presidential Decree in case he/she is an online service provider of special type under Article 104 of the Copyright Act, a warning clearly stating that a person who produces or distributes a camera-shot photo may be punished on a screen or transmission program when a user searches for a saved work, etc., on a computer, etc., or makes an upload or a download (Article 14-2, newly inserted)
