1995. 49 Accordingly, the two KCSC subcommissions deal separately with broadcasting
and telecommunications standards. 50
At its inception, the ICEC was empowered to develop general principles or codes
of telecommunications ethics, conduct deliberation on and request the ‘‘correction’’ of
information declared ‘‘harmful’’ by presidential decree, and operate reporting centers
against unhealthy telecommunications activities. 51 The KCSC telecom subcommission
continues to make determinations on ‘‘requests for correction’’ with respect to ISPs and
Internet content providers (ICPs). 52 Thus, the KCSC is empowered to make determinations on information ‘‘harmful’’ to youth under the Juvenile Protection Act, 53 as well
as recommend action against Web sites containing ‘‘illegal’’ content, including pornography, information for cyber criminals, gambling services, and Web sites that express support for communism or for the government of North Korea. 54 The scope of
its authority extends to ordering the blocking of Web sites, the deletion of a particular
message identified as an improper communication, a Web site’s closure, or the suspension of the particular user identification of the individual who posted the improper
writing. 55 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. 56
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 would institute
50 changes to communications and Internet regulation. 57 In amendments to the Information Act, the South Korean government further expanded the already significant
regulatory authority of the KCC by adding to online providers’ liability for the acts of
their users. The KCSC would be authorized to force Internet portals and peer-to-peer
Web sites to delete content or suspend publishing for a minimum of 30 days upon
receiving a complaint of articles accused of being ‘‘fraudulent’’ or ‘‘slanderous,’’ during
which the commission would determine whether disputed articles should be removed
permanently. 58 Internet portals that failed to temporarily block online postings containing defamatory information would be subject to a fine of up to KRW 30 million
or could be forced to shut down, 59 while portals or individuals involved in improperly manipulating Internet search results could be subject to imprisonment for up
to one year and a fine up to KRW 10 million. 60 Upon a leak of personal information,
the portal must inform the victim of the privacy breach and report the matter to the
KCC.
Following an approach taken with other emergent forms of harmful or illegal content, portals, bulletin boards, and other Internet content providers have increasingly
taken on responsibility for policing slanderous content. While they would be legally
compelled to set up constant in-house monitoring functions, 61 Korea’s two largest
508
South Korea
and telecommunications standards. 50
At its inception, the ICEC was empowered to develop general principles or codes
of telecommunications ethics, conduct deliberation on and request the ‘‘correction’’ of
information declared ‘‘harmful’’ by presidential decree, and operate reporting centers
against unhealthy telecommunications activities. 51 The KCSC telecom subcommission
continues to make determinations on ‘‘requests for correction’’ with respect to ISPs and
Internet content providers (ICPs). 52 Thus, the KCSC is empowered to make determinations on information ‘‘harmful’’ to youth under the Juvenile Protection Act, 53 as well
as recommend action against Web sites containing ‘‘illegal’’ content, including pornography, information for cyber criminals, gambling services, and Web sites that express support for communism or for the government of North Korea. 54 The scope of
its authority extends to ordering the blocking of Web sites, the deletion of a particular
message identified as an improper communication, a Web site’s closure, or the suspension of the particular user identification of the individual who posted the improper
writing. 55 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. 56
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 would institute
50 changes to communications and Internet regulation. 57 In amendments to the Information Act, the South Korean government further expanded the already significant
regulatory authority of the KCC by adding to online providers’ liability for the acts of
their users. The KCSC would be authorized to force Internet portals and peer-to-peer
Web sites to delete content or suspend publishing for a minimum of 30 days upon
receiving a complaint of articles accused of being ‘‘fraudulent’’ or ‘‘slanderous,’’ during
which the commission would determine whether disputed articles should be removed
permanently. 58 Internet portals that failed to temporarily block online postings containing defamatory information would be subject to a fine of up to KRW 30 million
or could be forced to shut down, 59 while portals or individuals involved in improperly manipulating Internet search results could be subject to imprisonment for up
to one year and a fine up to KRW 10 million. 60 Upon a leak of personal information,
the portal must inform the victim of the privacy breach and report the matter to the
KCC.
Following an approach taken with other emergent forms of harmful or illegal content, portals, bulletin boards, and other Internet content providers have increasingly
taken on responsibility for policing slanderous content. While they would be legally
compelled to set up constant in-house monitoring functions, 61 Korea’s two largest
508
South Korea