354
South Korea
harmful communications are referred to as content that aims at or abets a criminal
act, aims at committing antistate activities, or impedes good customs and other aspects
of social order.
17 Harmful communications can be further restricted by order of the
Ministry of Information and Communication (MIC), which delegates this authority
to the Information and Communication Ethics Committee (ICEC).
18 The ICEC was
established under an amended Telecommunications Business Act (1995) to regulate
the content of communications and inform state policy aimed at suppressing subversive communications and “ promoting active and healthy information. ”
19
In June 2002, the Supreme Court struck down the provisions of the Telecommunications Business Act defi ning “ harmful ” content and granted the government unlimited authority to regulate harmful Internet content.
20 The court held Article 53(1) to
be insuffi ciently specifi c and clear, and Article 53(2) to violate the rule against blanket
delegation.
21 In December 2002, the National Assembly amended Article 53 to prohibit
content that is “ illegal ” rather than “ harmful, ” while upholding the executive powers
of the MIC and the delegated regulatory authority of the ICEC.
22 This provision was
ultimately repealed with the 2007 amendment of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Information Act),
23 although the defi nition referring to “ illegal ” material remains in place at
least functionally.
24 Illegal information included in types of information to be reported
continues to be defi ned as that which infringes on public interests and social order,
specifi cally obscenity, defamation, violence or cruelty, and incitement to gambling.
25
Specifi c laws to protect youth, national security, and other national priorities have
informed the scope of content that is regulated by government-delegated bodies responsible for fi ltering. For example, the NSL
26 provides “ up to seven years in prison for those
who praise, encourage, disseminate or cooperate with antistate groups, members or
those under their control. ”
27 Similarly, the directive to protect the country ’ s youth from
“ harmful ”
28 Internet content, broadly described as “ immoral, violent, obscene, speculative and antisocial information, ”
29 has been one of the central planks in South Korea ’ s
fi ltering policy. In accordance with the Juvenile Protection Act, ISPs are responsible for
making inappropriate content inaccessible on their networks.
30 Web sites carrying adult
content must warn visitors and require identifi cation verifi cation for access — measures
meant to prevent minors under 19 from accessing pornographic material.
31
In February 2008, the Korea Communications Commission (KCC) was created to
consolidate the MIC and the Korean Broadcasting Commission (KBC). Under South
Korea ’ s current legal framework, regulation of Internet content is conducted primarily
by two government agencies: the Korean Communications Standards Commission
(KCSC; formerly KISCOM)
32 and the National Election Commission (NEC). The KCSC
integrated the functions of the KBC and KISCOM
33 in February 2008.
34 Accordingly,
the two KCSC subcommissions deal separately with broadcasting and telecommunications standards.
35
South Korea
harmful communications are referred to as content that aims at or abets a criminal
act, aims at committing antistate activities, or impedes good customs and other aspects
of social order.
17 Harmful communications can be further restricted by order of the
Ministry of Information and Communication (MIC), which delegates this authority
to the Information and Communication Ethics Committee (ICEC).
18 The ICEC was
established under an amended Telecommunications Business Act (1995) to regulate
the content of communications and inform state policy aimed at suppressing subversive communications and “ promoting active and healthy information. ”
19
In June 2002, the Supreme Court struck down the provisions of the Telecommunications Business Act defi ning “ harmful ” content and granted the government unlimited authority to regulate harmful Internet content.
20 The court held Article 53(1) to
be insuffi ciently specifi c and clear, and Article 53(2) to violate the rule against blanket
delegation.
21 In December 2002, the National Assembly amended Article 53 to prohibit
content that is “ illegal ” rather than “ harmful, ” while upholding the executive powers
of the MIC and the delegated regulatory authority of the ICEC.
22 This provision was
ultimately repealed with the 2007 amendment of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Information Act),
23 although the defi nition referring to “ illegal ” material remains in place at
least functionally.
24 Illegal information included in types of information to be reported
continues to be defi ned as that which infringes on public interests and social order,
specifi cally obscenity, defamation, violence or cruelty, and incitement to gambling.
25
Specifi c laws to protect youth, national security, and other national priorities have
informed the scope of content that is regulated by government-delegated bodies responsible for fi ltering. For example, the NSL
26 provides “ up to seven years in prison for those
who praise, encourage, disseminate or cooperate with antistate groups, members or
those under their control. ”
27 Similarly, the directive to protect the country ’ s youth from
“ harmful ”
28 Internet content, broadly described as “ immoral, violent, obscene, speculative and antisocial information, ”
29 has been one of the central planks in South Korea ’ s
fi ltering policy. In accordance with the Juvenile Protection Act, ISPs are responsible for
making inappropriate content inaccessible on their networks.
30 Web sites carrying adult
content must warn visitors and require identifi cation verifi cation for access — measures
meant to prevent minors under 19 from accessing pornographic material.
31
In February 2008, the Korea Communications Commission (KCC) was created to
consolidate the MIC and the Korean Broadcasting Commission (KBC). Under South
Korea ’ s current legal framework, regulation of Internet content is conducted primarily
by two government agencies: the Korean Communications Standards Commission
(KCSC; formerly KISCOM)
32 and the National Election Commission (NEC). The KCSC
integrated the functions of the KBC and KISCOM
33 in February 2008.
34 Accordingly,
the two KCSC subcommissions deal separately with broadcasting and telecommunications standards.
35