Reasons for Proposal
Recently, unlawful information such as suggestive or violent videos, etc. have frequently been circulated through personal Internet broadcasting, and as a result, it has been pointed out that regulations on personal Internet broadcasting should be tightened.
However, due to the characteristics of personal Internet broadcasting, whether unlawful information has been circulated can only be judged after the broadcast is transmitted. However, the current Act does not stipulate the duty of personal Internet broadcasting business operators to keep transmitted video contents, making it difficult to regulate the circulation of unlawful information through personal Internet broadcasting.
Hence, this Amendment aims to require every personal Internet broadcasting business operator to keep information circulated through the information and communications network operated and managed by himself or herself for a certain period and impose administrative fines on personal Internet broadcasting business operators who violate their duty in order to prohibit the circulation of unlawful information through personal Internet broadcasting (Article 43-2 newly inserted, etc.).
Major Provisions
Newly insert Article 43-2 as follows.
Article 43-2 (Duty of Personal Internet Broadcasting Business Operators to Keep Information) ① A provider of information and communications services who intermediates personal Internet broadcasting (a type of broadcasting where an individual broadcaster mainly creates their own video content and provides it through the information and communications networks in real time) shall keep information circulated through the information and communications network operated and managed by himself or herself for a certain period. In cases where the personal Internet broadcasting business operator and the video content creator are different, the video content creator shall keep the relevant information.
② Matters necessary regarding the methods, period, etc. for keeping the video content information under paragraph 1 shall be prescribed by Presidential Decree.
Newly insert subparagraph 4-2 under Article 76, paragraph 3 as follows.
4-2. A person who fails to preserve information, in violation of Article 43-2, paragraph 1;