ONI Country Profi le
355
At its inception, the ICEC was empowered to develop general principles or codes
of telecommunications ethics, deliberate on and request the “ correction ” of information declared “ harmful ” by presidential decree, and operate centers reporting against
unhealthy telecommunications activities.
36 The KCSC telecom subcommission continues to make determinations on “ requests for correction ” with respect to ISPs and
Internet content providers (ICPs).
37 Thus the KCSC is empowered to make determinations on information “ harmful ” to youth under the Juvenile Protection Act,
38 as well
as recommend action against Web sites containing “ illegal ” content, including pornography, information for cyber criminals, and gambling services, and Web sites that
express support for communism or for the government of North Korea.
39 The scope
of its authority extends to ordering the blocking or closure of Web sites, the deletion
of offending messages, and/or the suspension of users identifi ed as posting improper
writing.
40 In addition to special advisory committees, the KCSC also mediates disputes
over online defamation. The KCSC said it received 156,000 complaints in 2006 about
Internet postings considered inaccurate, and 216,000 in 2007.
41
With President Lee ’ s full support, government ministries proposed a battery of
legislation beginning in July 2008 that would create a framework for addressing defamation, “ false rumors, ” and “ malicious postings. ” In July 2008, the KCC introduced
the Comprehensive Measures on Internet Information Protection, which instituted 50
changes to communications and Internet regulation.
42 In amendments to the Information Act, the South Korean government further expanded the already-signifi cant regulatory authority of the KCC by adding to online providers ’ liability for their users ’
acts. The KCSC was authorized to force providers to delete content or suspend publishing for a minimum of 30 days upon receiving a complaint of “ fraudulent ” or “ slanderous ” postings, during which the commission would determine whether disputed
articles should be removed permanently.
43 Internet portals that failed to block such
postings would be subject to a fi ne of up to KRW 30 million (just over USD 26,500)
or could be forced to shut down,
44 while portals or individuals involved in improperly
manipulating Internet search results could be subject to imprisonment for up to one
year and a fi ne of up to KRW 10 million (USD 8,800).
45 In cases of leaked personal
information, the KCSC requires the portal to inform the victim of the privacy breach
and report the matter to the KCC.
Following an approach taken toward other emergent forms of harmful or illegal
content, ICPs have increasingly taken on responsibility for policing slanderous
content. Although they were already legally compelled to set up constant in-house
monitoring functions,
46 Korea ’ s two largest Internet portals also implemented their
own measures to curb postings considered to violate privacy. For example, Naver
created a simplifi ed process for users to quickly block “ groundless rumors or postings, ”
and Daum required users to click on a different box if they want to read other users ’
comments.
47
355
At its inception, the ICEC was empowered to develop general principles or codes
of telecommunications ethics, deliberate on and request the “ correction ” of information declared “ harmful ” by presidential decree, and operate centers reporting against
unhealthy telecommunications activities.
36 The KCSC telecom subcommission continues to make determinations on “ requests for correction ” with respect to ISPs and
Internet content providers (ICPs).
37 Thus the KCSC is empowered to make determinations on information “ harmful ” to youth under the Juvenile Protection Act,
38 as well
as recommend action against Web sites containing “ illegal ” content, including pornography, information for cyber criminals, and gambling services, and Web sites that
express support for communism or for the government of North Korea.
39 The scope
of its authority extends to ordering the blocking or closure of Web sites, the deletion
of offending messages, and/or the suspension of users identifi ed as posting improper
writing.
40 In addition to special advisory committees, the KCSC also mediates disputes
over online defamation. The KCSC said it received 156,000 complaints in 2006 about
Internet postings considered inaccurate, and 216,000 in 2007.
41
With President Lee ’ s full support, government ministries proposed a battery of
legislation beginning in July 2008 that would create a framework for addressing defamation, “ false rumors, ” and “ malicious postings. ” In July 2008, the KCC introduced
the Comprehensive Measures on Internet Information Protection, which instituted 50
changes to communications and Internet regulation.
42 In amendments to the Information Act, the South Korean government further expanded the already-signifi cant regulatory authority of the KCC by adding to online providers ’ liability for their users ’
acts. The KCSC was authorized to force providers to delete content or suspend publishing for a minimum of 30 days upon receiving a complaint of “ fraudulent ” or “ slanderous ” postings, during which the commission would determine whether disputed
articles should be removed permanently.
43 Internet portals that failed to block such
postings would be subject to a fi ne of up to KRW 30 million (just over USD 26,500)
or could be forced to shut down,
44 while portals or individuals involved in improperly
manipulating Internet search results could be subject to imprisonment for up to one
year and a fi ne of up to KRW 10 million (USD 8,800).
45 In cases of leaked personal
information, the KCSC requires the portal to inform the victim of the privacy breach
and report the matter to the KCC.
Following an approach taken toward other emergent forms of harmful or illegal
content, ICPs have increasingly taken on responsibility for policing slanderous
content. Although they were already legally compelled to set up constant in-house
monitoring functions,
46 Korea ’ s two largest Internet portals also implemented their
own measures to curb postings considered to violate privacy. For example, Naver
created a simplifi ed process for users to quickly block “ groundless rumors or postings, ”
and Daum required users to click on a different box if they want to read other users ’
comments.
47