Due to the recent incident of sexual exploitation crime called Telegram Nth Room case, the public outrage against digital sex crimes is increasing. 

In addition to the special value-added telecommunications business operator such as a webhard operator, the distribution of sexual exploitation is also rapidly increasing on platforms provided by a value-added telecommunications business operator.

According to the current law, there are limitations to blocking the distribution of illegal photographing materials quickly and effectively, since there is no obligation for the value-added telecommunications business operator to take active measures against the leakage of materials to the information and communication network. Also, the damage is expected to be more serious in the case of obscene materials featuring children and youth distributed in the information and communication network.

Nevertheless, if a webhard company distributes digital sex crime videos and owns and operates stocks or shares of trustees entrusted with technical measures such as monitoring and deletion of the relevant videos, the substantive monitoring by the trustee is not performed and effective digital sex crime eradication may not be achieved. 

In response to this, the amendment aims to impose obligations on the value-added telecommunications business operator to delete, block and otherwise prevent the distribution of all illegal content such as photograph under Article 14 of Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the edited, synthesized, and processed materials under Article 14-2 of the same Act, and the child or youth pornography under Article 2, subparagraph 5 of the Act on the Protection of Children and Youth against Sex Offences on the information and communication networks operated and managed by the value-added telecommunications business operator who shall be subject to the imposition of a penalty surcharge for a violation of said obligation. In addition, it aims to impose obligations concerning technical and administrative measures as prescribed by Presidential Decree, and a penalty surcharge to those who fails to fulfill the obligations. Furthermore it shall enable criminal prosecution for violation of distribution prevention measures or technical and administrative measures in order to prevent the distribution and spread of illegal photo/video materials (Article 22-5 (1) and (2), Article 22-6, Article 95-2 and Article 104 newly inserted)

Additionally, the amendment seeks to address the structural problem of digital sex crimes by preventing the special value-added telecommunications business operator from owning the trustee's shares or stakes when entrusting technical and administrative measures to prevent the circulation of such illegal photo/video materials, to third parties, and raise the administrative fine for cases where technical measures prescribed by Presidential Decree to prevent the distribution of illegal information pursuant to Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. are not properly taken by the special value-added telecommunications business operator (Article 22-3 (6), Article 104 newly inserted).

Impose obligations on the value-added telecommunications business operator to delete, block and otherwise prevent the distribution of all illegal content such as photograph under Article 14 of Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; the edited, synthesized, and processed materials under Article 14-2 of the same Act; and the child or youth pornography under Article 2, subparagraph 5 of the Act on the Protection of Children and Youth against Sex Offences on the information and communication networks operated and managed by the value-added telecommunications business operator, and impose obligations concerning technical and administrative measures as prescribed by Presidential Decree (Article 22-5 (1) and (2)).