on the freedom of expression. It cautioned that under the Administrative Procedures
Act, users are to be given advance notice of administrative agency decisions, should
be given opportunities to submit opinions, and have the right to participate at formal
or public hearings. 34
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MIC and the delegated regulatory authority of the ICEC. 35 This provision was ultimately repealed with the 2007 amendment of the Act on Promotion of Information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), 36 although this definition remains in place at least functionally. 37 Illegal information included in types of information to be reported continues to be described as that
which infringes upon public interests and social order, specifically obscenity, defamation, violence or cruelty, incitement to gambling, and public order. 38
Specific laws to protect youth, national security, and other national priorities have
informed the scope of content regulated by the government-delegated bodies responsible for filtering. For example, the NSL provides ‘‘up to seven years in prison for those
who praise, encourage, disseminate or cooperate with antistate groups, members or
those under their control.’’ 39 The NSL has been used to criminalize advocacy of communism 40 and groups suspected of alignment with North Korea, 41 although arrests
under the NSL have become much less frequent in recent years. Nevertheless, the law
continues to have a chilling effect on public discussion of North Korea 42 and provides a
justification for censorship of Web sites related to North Korea and communism.
Similarly, the directive to protect the country’s youth from ‘‘harmful’’ Internet content, broadly described as ‘‘immoral, violent, obscene, speculative and antisocial information,’’ 43 has been one of the central planks in the development of South Korea’s
filtering policy. The standard of harm in the Enforcement Decree of the Juvenile Protection Act ( JPA) was developed from criteria for deliberation of media materials harmful to juveniles, which include provocative, obscene, antisocial, violent, or unethical
materials that may harmfully affect their mental and physical health. 44 In accordance
with the JPA, ISPs are responsible, as ‘‘protectors of juveniles,’’ for making inappropriate content inaccessible on their networks. 45 Web sites carrying adult content must
warn visitors and require identification verification for access, measures meant to prevent minors under 19 from accessing pornographic material. 46
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) 47 (formerly KISCOM) and the National Election Commission (NEC).
The KCSC integrated the functions of the KBC and KISCOM in February 2008. 48
KISCOM’s mandate was originally established through the creation of the ICEC in
South Korea
507
Act, users are to be given advance notice of administrative agency decisions, should
be given opportunities to submit opinions, and have the right to participate at formal
or public hearings. 34
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. 35 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), 36 although this definition remains in place at least functionally. 37 Illegal information included in types of information to be reported continues to be described as that
which infringes upon public interests and social order, specifically obscenity, defamation, violence or cruelty, incitement to gambling, and public order. 38
Specific laws to protect youth, national security, and other national priorities have
informed the scope of content regulated by the government-delegated bodies responsible for filtering. For example, the NSL provides ‘‘up to seven years in prison for those
who praise, encourage, disseminate or cooperate with antistate groups, members or
those under their control.’’ 39 The NSL has been used to criminalize advocacy of communism 40 and groups suspected of alignment with North Korea, 41 although arrests
under the NSL have become much less frequent in recent years. Nevertheless, the law
continues to have a chilling effect on public discussion of North Korea 42 and provides a
justification for censorship of Web sites related to North Korea and communism.
Similarly, the directive to protect the country’s youth from ‘‘harmful’’ Internet content, broadly described as ‘‘immoral, violent, obscene, speculative and antisocial information,’’ 43 has been one of the central planks in the development of South Korea’s
filtering policy. The standard of harm in the Enforcement Decree of the Juvenile Protection Act ( JPA) was developed from criteria for deliberation of media materials harmful to juveniles, which include provocative, obscene, antisocial, violent, or unethical
materials that may harmfully affect their mental and physical health. 44 In accordance
with the JPA, ISPs are responsible, as ‘‘protectors of juveniles,’’ for making inappropriate content inaccessible on their networks. 45 Web sites carrying adult content must
warn visitors and require identification verification for access, measures meant to prevent minors under 19 from accessing pornographic material. 46
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) 47 (formerly KISCOM) and the National Election Commission (NEC).
The KCSC integrated the functions of the KBC and KISCOM in February 2008. 48
KISCOM’s mandate was originally established through the creation of the ICEC in
South Korea
507