Internet

Excluding Private KakaoTalk and Email Messages, Only ‘Publicly Available Information’… KISO Finalizes Guidelines on False and Manipulated Information

Effective July 7… First applied to Naver and Kakao “Blocking Excessive Repetition and Organized Malicious Reporting”… Measures to Prevent Abuse Excluding Academic Debates and Expressions of Opinion… “Balancing Freedom of Expression”

[Edaily Reporter Kim Hyun-ah] Starting July 7, the voluntary reporting and handling standards for “false or manipulated information” among content publicly available to the general public on major domestic internet platforms such as Naver (#NAVER) and #Kakao will become more specific. This applies to internet portals like Naver and Daum, as well as KakaoTalk Open Chat rooms.

However, in consideration of concerns regarding privacy infringement and the confidentiality of communications, “private communications”—such as those via messaging apps like KakaoTalk, email, and private messages—will be completely excluded from the scope of these guidelines.

The Korea Internet Self-Regulatory Organization (hereinafter KISO, Chairman Kim Min-ho) finalized and officially announced on the 19th the “Guidelines for Self-Regulatory Policies on False and Manipulated Information,” which large-scale information and communications service providers are required to establish and operate in line with the enforcement of the amended Information and Communications Network Act. These guidelines were developed following a public hearing with civic groups and a review process involving a research team of external experts, during which feedback was gathered and revisions and improvements were made.

[E-Daily Reporter Kim Jeong-hoon]

Determining Truthfulness Based on Core Context… Private Conversations Excluded
According to the guidelines, the scope of regulation is limited to information that is publicly disclosed and circulated. This is intended to prevent any potential infringement of the right to confidentiality of communications that could occur if the law were expanded to cover private domains such as messaging apps or email.

When determining whether information is false, the criteria are the “truthfulness of the core message” and the “overall context,” rather than simple typos or minor factual errors in parts of the information. Furthermore, while the guidelines require a strict review of whether the information appears to be intended to deceive users into believing it is true, the assessment of whether the public interest is infringed upon is to be made only in limited circumstances.

On the other hand, to protect freedom of expression, the following areas are, in principle, excluded from the definition of false or manipulated information:

These include the expression of subjective opinions and value judgments; academic and scientific debates where objective truth has not been established; and clearly fictional cultural and artistic works, as well as satire.

Deletion and Monetization Restrictions Upon Detection of False Information… Malicious Reports Will Be Rejected
If a member company determines that reported information constitutes false or manipulated information under the guidelines, it may take strong disciplinary measures such as ▲deletion or blocking of access, ▲restriction of information exposure, and ▲account and monetization restrictions. In ambiguous cases, it is also possible to display warning messages or user caution notices. If a service provider finds it difficult to make a determination on its own, it may request a review from the “Special Committee on False and Manipulated Information” under KISO.

Mechanisms have also been introduced to prevent the abuse of the reporting system, which could have the unintended consequence of stifling others’ freedom of expression. Service providers may restrict the acceptance of reports in cases of excessive repetitive reporting of the same content, reports submitted using automated tools such as macros, or organized or malicious targeted reporting. An appeal process is strictly guaranteed for both publishers whose content has been restricted and those who filed the reports, and platform companies must transparently disclose the results of their actions every six months.

Kim Min-ho, Chairman of KISO, stated, “It is just as important to strike a balance to ensure that freedom of expression is not stifled as it is to address false and manipulated information,” adding, “We will maintain a healthy self-regulatory policy to ensure that legitimate news reporting, raising issues of public interest, and criticism and expression of opinions regarding public figures are not easily restricted.”

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