[E-Daily Reporter Lee So-Hyun ] Portal platform operators, including Naver (NAVER(035420)) and Daum, completed revisions to their content and service operating policies on the 7th in accordance with the enforcement of the amended Information and Communications Network Act. They incorporated procedures for receiving and processing reports of illegal information and false or manipulated information into their operating policies, and explicitly designated the distribution of false or manipulated information as grounds for restricting content or suspending service access.

With the enforcement of this law, major platforms have established voluntary operating policies to address false and manipulated information, and their scope of responsibility has expanded to cover everything from receiving reports to taking action, issuing notifications, handling appeals, and publishing reports.

The amended Information and Communications Network Act was enacted to prevent the dissemination of illegal and false or manipulated information online and to strengthen remedies for victims. The enforcement decree defines “large-scale information and communications service providers” as user-to-user information intermediary services with an average daily active user (DAU) count of 1 million or more during the three months immediately preceding the end of the previous year. These providers are required to accept and address reports of illegal or false and manipulated information, establish voluntary operating policies, and publish transparency reports.

Naver announced yesterday, through a notice regarding revisions to its content moderation policy, that it would reflect the procedures for handling reports of illegal and false or manipulated information in accordance with the revised Information and Communications Network Act. The most significant change is the explicit designation of false and manipulated information as grounds for restricting posts. Whereas previously, false posts—such as impersonation of others, claims of false facts, or impersonation of media outlets—were subject to restriction, the revised policy specifies that posts which infringe upon another person’s personality rights, property rights, or the public interest by knowingly distributing false and manipulated information with the intent to cause harm or gain unfair profit are subject to restriction.

The criteria for impersonation posts have also been refined. Naver has explicitly defined as subject to restriction any posts that deceive other users by passing off another person’s name, photo, or face appearing in a video as one’s own. A separate provision regarding COVID-19-related misinformation has been removed, and the structure has been changed to encompass such content under the general provision on false or manipulated information. The criteria for hate speech have also been specified to include direct incitement to violence or discrimination, serious promotion of hatred, and significant violation of human dignity.

The reporting procedure has also been strengthened. Naver has advised that reports of illegal information or false and manipulated information under the Information and Communications Network Act must include all legally required details; if any required information is omitted, processing the report may be difficult. A new clause has also been added stating that for matters requiring thorough review, Naver may seek a determination from external agencies or organizations with relevant authority or expertise and take their findings into consideration.

The appeal process was also clarified. If Naver takes action in response to a report of illegal information or false or manipulated information under the Information and Communications Network Act, the reporter or the poster of the content may file an appeal with Naver within six months of receiving notification to request a reconsideration. Naver also incorporated into its operating policies a commitment to comply with the “Guidelines for Self-Regulatory Policies on False and Manipulated Information” issued by the Korea Internet Self-Regulatory Organization (KISO).

Daum subsequently revised its service operating policies as well. Daum added a new provision to Article 3, “Activities Prohibited During Service Use,” which prohibits the distribution of information that infringes on the rights of others or the public interest—knowing it to be false or manipulated as defined by relevant laws and regulations—for the purpose of causing harm or obtaining undue benefit. This provision also includes a statement that the company complies with KISO’s “Self-Regulatory Policy Guidelines on False and Manipulated Information.”

However, officials have clarified that users need not interpret the enforcement of the law as “censorship of all posts.” According to the Korea Communications Commission and other sources, the amended law does not restrict the mere expression of opinions or political claims themselves; rather, it primarily targets the repeated distribution of content that has been definitively determined to be illegal or false/manipulated information through court rulings or similar processes. Fines will be imposed on content creators of a certain scale who have repeatedly distributed confirmed illegal or false/manipulated information on two or more occasions and have generated revenue through advertising or sponsorship.

Nor does the law allow for direct monitoring of closed, one-on-one messaging services like KakaoTalk. During discussions on the enforcement decree, closed, one-on-one messaging services were excluded from the scope of application. However, caution is advised, as public services where an unspecified number of people participate—such as Open Chat—may be subject to regulation.

Nevertheless, the burden on platforms has increased. Large-scale platforms must establish criteria for handling reported posts, notify users of the results of their actions, and disclose relevant reports. Some in the industry are voicing concerns that platforms may resort to conservative deletion practices or excessive reporting in an effort to avoid legal risks. The Korea Communications Commission (KCC) plans to minimize any confusion that may arise during the implementation of the system by gathering feedback from both operators and users after the law takes effect.