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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 : 2020-05-15
    • Opinion Submission Deadline : 2020-05-29
Reasons for Proposal

To prevent secondary damage to victims from the distribution of illegal photo/video materials, such as the recent incident of sexual exploitation crime called Telegram Nth Room case, the rapid deletion and access blocking by the providers of information and communications services must be prioritized.

Especially, for the case of overseas providers of information and communications services, it is difficult to apply domestic laws since they are overseas operators.

Accordingly, this amendment aims to impose an obligation on the providers of information and communications services to designate the person responsible for preventing the distribution of illegal photo/video materials, and to submit a Transparency Report, who shall be subject to the imposition of an administrative fine, etc., for a violation of said obligation, and introduce an extraterritorial application of domestic law in order to more clearly impose obligations to the overseas businesses to prevent the distribution of illegal content, including illegal photo/video materials.

Details

A. Ensure that this Act shall be applied when any act carried out abroad affects the domestic market or users (Article 5-2 newly inserted)

B. Prescribe that any provider of information and communications services who meets the standards prescribed by Presidential Decree, shall be required to designate a person responsible for preventing the distribution of illegal photo/video materials (Article 44-9 and Article 76 (2) 4-4 newly inserted)

C. Prescribe that any provider of information and communications services who meets the standards prescribed by Presidential Decree shall submit an annual Transparency Report to the Korea Communications Commission (Article 64-5 and Article 76 (3) 25 newly inserted)


Major Provisions

Impose an obligation on the providers of information and communications services to designate the person responsible for preventing the distribution of illegal photo/video materials, and to submit a Transparency Report, who shall be subject to the imposition of an administrative fine, etc., for a violation of said obligation (Article 44-9 and Article 64-5 newly inserted).

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