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National Assembly Legislation

  • Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
    • Competent Ministry : Korea Communications Commisstion
    • Advance Publication of Legislation : 2019-11-22
    • Opinion Submission Deadline : 2019-12-06
Reasons for Proposal

The current Act prescribes measures to protect users on information and communications networks, such as users’ requests for the deletion of unlawful information on information and communications networks. However, it does not facilitate the remedying of damages suffered by users due to unlawful information and critics continue to raise the issue of damages suffered by users on information and communications networks.
Accordingly, the Amendment increases the scope of requests for temporary blocking, etc. of unlawful information, requires providers of information and communications services to assign staff to be in charge of preventing the circulation of unlawful information, and establishes the Online Dispute Mediation Committee to mediate disputes between parties associated with unlawful information. It prescribes institutional procedures, such as the submission of transparency reports on the handling of unlawful information, to ensure timely relief of user damages caused by unlawful information. It clearly prescribes the control responsibilities of providers of information and communications services and otherwise addresses institutional weaknesses, thereby aiming to strengthen the protection of user interests on information and communications networks.


Details

A. Prescribe that this Act shall be applicable to any act that may affect the domestic market or users even if the act took place outside Korea (Article 5-2 newly inserted).
B. Add the prevention of circulation of unlawful information and the submission of transparency reports to the list of duties performed by domestic agents (Article 32-5).
C. Allow users to request the temporary blocking, etc. of unlawful information. Allow the unlawful information to be deleted if no objection is raised by the publisher of the information. Prescribe that where an objection is raised, the parties shall comply with the mediation and procedures of the Online Dispute Mediation Committee and the mediation outcomes thereof (Article 44-2).
D. Require providers of information and communications services to take technical and administrative measures to prevent the circulation of unlawful information using programs, artificial intelligence, etc. (Article 44-7, paragraphs 5 and 6 newly inserted).
E. Prescribe that any provider of information and communications services whose average daily number of users, sales, and other relevant criteria fall under the criteria prescribed by Presidential Decree shall appoint staff to be in charge of preventing the circulation of unlawful information (hereinafter “staff in charge of preventing the circulation of unlawful information”), who shall be in charge of temporarily blocking and preventing the circulation of unlawful information (Article 44-9 newly inserted).
F. Require the Korea Communications Commission to periodically educate providers and users of information and communications services on preventing the circulation of unlawful information (Article 44-10 newly inserted).
G. Establish the Online Dispute Mediation Committee under the Korea Communications Standards Commission and prescribe the dispute mediation procedure, etc. thereof to ensure the efficient mediation of disputes associated with unlawful information that is circulated through information and communications networks (Article 44-11 through 44-13 newly inserted).
H. Prescribe that where a provider of information and communications services has failed to properly comply with the series of procedures from applications concerning temporary blocking, etc. to dispute mediation, a penalty surcharge of up to 10/100 of sales may be imposed (Article 64-3 newly inserted).
I. Require any provider of information and communications services whose average daily number of users, etc. falls under the criteria prescribed by Presidential Decree to submit to the Korea Communications Commission, in accordance with the Presidential Decree, a transparency report on the handling of unlawful information associated with the information and communications services that it provides (Article 64-5 newly inserted).


Major Provisions

Require providers of information and communications services to take technical and administrative measures to prevent the circulation of unlawful information using programs, artificial intelligence, etc. (Article 44-7, paragraphs 5 and 6 newly inserted).
Require providers of information and communications services whose average daily number of users, sales, and other relevant criteria fall under the criteria prescribed by Presidential Decree to appoint staff to be in charge of preventing the circulation of unlawful information (Article 44-9 newly inserted).

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