access to pornography and other sites that the
state deems harmful or offensive.
Online citizens’ media has played an important role in Korean politics and Internet culture in
recent years, led by www.ohmynews.com, a popular Seoul-based online newspaper that mostly
publishes articles written and submitted by ordinary citizens. 20 OhmyNews has been widely
acknowledged as strongly influencing the 2002
election of Korean President Roh Moo-hyun. 21
Legal and regulatory frameworks
The primary regulation governing Internet speech
in South Korea is the NSL. First promulgated in
1948, the NSL was designed to prevent communist ideology and pro–North Korea sentiment
from penetrating South Korean society. 22 The
NSL punishes pro–North Korea activists by criminalizing “antistate” activities. 23 The statute provides for up to seven years’ imprisonment for
“those who praise, encourage, disseminate or
cooperate with anti-state groups … being aware
that such acts will endanger the national security
and the democratic freedom.” 24 The NSL provisions are vague, permitting state actors broad
discretion in their application. The statute governs both print and online media, and has been
invoked against individuals attempting to engage
with North Korea or promote North Korea’s political views. It has therefore been cited as having a
chilling effect on free expression in the media. 25
Citing the NSL, the Ministry of Information and
Communication in 2004 instructed ISPs in South
Korea to block access to thirty-one Web sites
considered to be North Korean propaganda. 26
The NSL is immensely controversial in South
Korean society and is a focal point of intense
debate between conservative leaders, who argue
the law is necessary to protect the nation from
threats posed by North Korea, and liberal politicians, who argue the law is repressive, dictatorial, and outdated, and should therefore be
repealed. 27 In 2004, the Korean Constitutional
Court upheld Article 7 of the NSL, which criminalizes the act of publicly praising and supporting
North Korea, as a constitutionally permissible
restriction on speech. 28
Several other laws and decrees extend legal
liability to content posted on the Internet, including the Telecommunications Business Act, which
makes it illegal to transmit over telecommunications lines any content that compromises public
safety, order, or morals; 29 and the Election Law,
amended in 2004 to illegalize Internet dissemination of information that defames politicians during
their election campaigns and to empower authorities to review ISP records containing information
about suspected violators. 30
The Korean Internet Safety Commission
(KISCOM), formerly the Information and
Communications Ethics Committee (ICEC), is an
independent body established in 1995 under the
Telecommunications Business Act to formulate a
code of communications ethics and inform state
policy aimed at “eradicating subversive communications and promoting active and healthy information.” 31 KISCOM is empowered to define
harmful content and recommend which Web
sites should be blocked. 32 KISCOM also
employs a system to monitor the circulation of
“illegal and harmful contents on the Internet.” 33 In
addition, KISCOM formulates and administers a
voluntary “Internet Content Rating Service” permitting Web sites to self-evaluate their level of
appropriateness for minors, and provides to parents and schools filtering software and related
technologies compatible with the rating service. 34
ISPs have become increasingly responsible
for policing content on their networks. In 2001,
the state promulgated the Internet Content
Filtering Ordinance, 35 which requires ISPs to
block as many as 120,000 Web sites on a statecompiled list, and requires Internet access
facilities that are accessible to minors, such as
public libraries and schools, to install filtering
software. 36 The Youth Protection Act of 1997
37
makes ISPs officially responsible, as “protectors
Country Summaries
371
state deems harmful or offensive.
Online citizens’ media has played an important role in Korean politics and Internet culture in
recent years, led by www.ohmynews.com, a popular Seoul-based online newspaper that mostly
publishes articles written and submitted by ordinary citizens. 20 OhmyNews has been widely
acknowledged as strongly influencing the 2002
election of Korean President Roh Moo-hyun. 21
Legal and regulatory frameworks
The primary regulation governing Internet speech
in South Korea is the NSL. First promulgated in
1948, the NSL was designed to prevent communist ideology and pro–North Korea sentiment
from penetrating South Korean society. 22 The
NSL punishes pro–North Korea activists by criminalizing “antistate” activities. 23 The statute provides for up to seven years’ imprisonment for
“those who praise, encourage, disseminate or
cooperate with anti-state groups … being aware
that such acts will endanger the national security
and the democratic freedom.” 24 The NSL provisions are vague, permitting state actors broad
discretion in their application. The statute governs both print and online media, and has been
invoked against individuals attempting to engage
with North Korea or promote North Korea’s political views. It has therefore been cited as having a
chilling effect on free expression in the media. 25
Citing the NSL, the Ministry of Information and
Communication in 2004 instructed ISPs in South
Korea to block access to thirty-one Web sites
considered to be North Korean propaganda. 26
The NSL is immensely controversial in South
Korean society and is a focal point of intense
debate between conservative leaders, who argue
the law is necessary to protect the nation from
threats posed by North Korea, and liberal politicians, who argue the law is repressive, dictatorial, and outdated, and should therefore be
repealed. 27 In 2004, the Korean Constitutional
Court upheld Article 7 of the NSL, which criminalizes the act of publicly praising and supporting
North Korea, as a constitutionally permissible
restriction on speech. 28
Several other laws and decrees extend legal
liability to content posted on the Internet, including the Telecommunications Business Act, which
makes it illegal to transmit over telecommunications lines any content that compromises public
safety, order, or morals; 29 and the Election Law,
amended in 2004 to illegalize Internet dissemination of information that defames politicians during
their election campaigns and to empower authorities to review ISP records containing information
about suspected violators. 30
The Korean Internet Safety Commission
(KISCOM), formerly the Information and
Communications Ethics Committee (ICEC), is an
independent body established in 1995 under the
Telecommunications Business Act to formulate a
code of communications ethics and inform state
policy aimed at “eradicating subversive communications and promoting active and healthy information.” 31 KISCOM is empowered to define
harmful content and recommend which Web
sites should be blocked. 32 KISCOM also
employs a system to monitor the circulation of
“illegal and harmful contents on the Internet.” 33 In
addition, KISCOM formulates and administers a
voluntary “Internet Content Rating Service” permitting Web sites to self-evaluate their level of
appropriateness for minors, and provides to parents and schools filtering software and related
technologies compatible with the rating service. 34
ISPs have become increasingly responsible
for policing content on their networks. In 2001,
the state promulgated the Internet Content
Filtering Ordinance, 35 which requires ISPs to
block as many as 120,000 Web sites on a statecompiled list, and requires Internet access
facilities that are accessible to minors, such as
public libraries and schools, to install filtering
software. 36 The Youth Protection Act of 1997
37
makes ISPs officially responsible, as “protectors
Country Summaries
371