[E-Daily Reporter Lee So-Hyun ] As concerns were raised about online pre-censorship surrounding the implementation of the amended Information and Communications Network Act—commonly known as the “False and Manipulated Information Eradication Act”—the Korea Communications Commission (KCC) explained that “self-regulation by the private sector, not government judgment, is key.”

Ryu Shin-hwan, a commissioner of the Korea Communications Commission, appeared on the KTV National Broadcasting YouTube program “Fact Mill” on the 8th and stated, “The review of false and manipulated information is not included in the scope of review by the Korea Communications Standards Commission,” adding, “It is a system where large-scale information and communications service providers make autonomous judgments in cooperation with fact-checking organizations.”

Commissioner Ryu said, “This is a law targeting malicious content creators who profit from false and manipulated information,” adding, “From the perspective of the general public, concerns about restrictions on freedom of expression or chilling effects are extremely low.”

“It’s

Not Pre-Censorship… These Are Unwarranted Concerns”

The amended Information and Communications Network Act, commonly referred to as the “False and Manipulated Information Eradication Act,” took effect on the 7th. Its purpose is to prevent harm caused by fake news and cyberbullying and to strengthen relief measures for victims. Key provisions include requiring large-scale information and communications service providers to establish voluntary policies and publish reports; awarding up to five times the amount of damages for harm caused by false or manipulated information; and imposing administrative fines for repeatedly posting false or manipulated information that has been confirmed as such by a court ruling.

Around the time the law took effect, concerns were raised in online communities and on social media platforms (SNS) about the potential for a curtailment of freedom of expression. Some users even voiced resistance, questioning whether they should move to overseas communities. Major domestic portals and platform operators, such as Naver (NAVER(035420)) and Daum, have revised their content moderation policies and begun overhauling their reporting systems in line with the law’s implementation.

Regarding the controversy over online pre-censorship, Commissioner Ryu stated, “Many citizens seem concerned, but I think these concerns are somewhat exaggerated,” adding, “This is a system focused on preventing the harm caused by false and manipulated information.” He continued, “Since reports in the public interest are excluded from the scope of aggravated damages, there is no need for concern.”

He repeatedly drew a clear line regarding concerns that the government might directly determine whether information is false or manipulated. Commissioner Ryu explained, “While the Korea Communications Standards Commission (KCSC) will review content, the review of false or manipulated information is not included in the KCSC’s scope of review,” adding, “The core of this system is to require large-scale information and communications service providers to engage in self-regulation.”

He also noted that legal safeguards are in place to address concerns that press coverage and legitimate criticism and oversight activities could be stifled. Commissioner Ryu said, “If a lawsuit seeking enhanced damages is abused with the intent to obstruct legitimate criticism and oversight activities, the court may dismiss the case,” adding, “The court may order the publication of the dismissal ruling or order the defendant to pay damages to the plaintiff.”

“Liability Lies with the Publisher, Not the Platform… Fines Only for Repeated Dissemination of Information Confirmed by the Court”

Regarding the scope of platform liability, he stated, “Platforms are not subject to enhanced damages.” Commissioner Ryu explained, “The law clearly limits the targets of enhanced damages to content publishers,” adding, “The platforms themselves are not subject to such damages.”

Posters subject to enhanced damages are those who have posted information three or more times over a three-month period to generate revenue and who have at least 100,000 subscribers or an average of at least 100,000 monthly views over that three-month period. Additionally, they must have distributed the information with the intent to cause harm to others or to obtain unjust enrichment, while knowing it was illegal, false, or fabricated.

Regarding concerns that private messenger conversations between individuals might be subject to monitoring, he clarified, “That is not true.” Commissioner Ryu said, “This law applies only to information made public to the general public,” adding, “Private conversations or exchanges of opinions between individuals on platforms like KakaoTalk or Telegram are not subject to measures to prevent the distribution of false or manipulated information.” However, he added, “Open chat rooms where information is publicly distributed with the participation of an unspecified number of people may be subject to these measures.”

Users who have suffered harm due to false or manipulated information can report it to information and communications service providers. Upon receiving a report, the service provider will determine whether the information constitutes false or manipulated information through a fact-checking process in accordance with its voluntary policies, and may take measures such as deletion, blocking, or account-related actions if necessary. The reporter must provide the location and content of the information in question, the reasons for deeming it false or manipulated, supporting evidence, and their name and contact information.

Reporters or content publishers who object to the outcome of the action may file an appeal with the information and communications service provider within six months. They may then apply for dispute mediation with the Korea Communications Standards Commission; if mediation fails, the matter proceeds to court.

The court will determine the amount of compensation. Commissioner Ryu stated, “The court will make its ruling restrictively under strict criteria,” adding, “Since the maximum multiplier is five times, the court will set the amount of aggravated damages within that range based on the specific circumstances of each case.” In cases where it is difficult to calculate the amount of damages, the court may determine a reasonable amount as damages within the range of up to 50 million won.

Regarding the possibility of a 1 billion won administrative fine, he explained that this would be “an extremely rare and exceptional case.” Commissioner Ryu said, “People may worry that they could face a fine simply because some of their everyday posts contain false information or misinformation, but there is absolutely no need for concern,” adding, “Fines will only be imposed in cases where an individual knowingly and maliciously disseminates information—which has been confirmed by a court ruling to be false or fabricated—on two or more occasions to generate profit.”

Commissioner Ryu emphasized that fostering a fact-checking ecosystem is necessary for the system to take root. “Realistically, it is true that the domestic fact-checking ecosystem is still lacking,” he said, adding, “The Korea Communications Commission plans to enhance credibility by promoting private-sector fact-checking and expand media literacy education targeting vulnerable groups such as children, adolescents, and the elderly.”

He continued, “Operators may encounter trial and error while implementing self-regulation, and ordinary citizens may also face difficulties with the reporting process,” adding, “We will strive to ensure the system is properly established and improved by strengthening communication between platform operators and citizens.”