The revised Telecommunications Act aimed at addressing online manipulated information takes effect today. Concerns have grown over the rapid spread of manipulated images, videos, and false posts through generative artificial intelligence (AI) and social media, prompting the activation of reporting and processing systems for major online platforms.
Online platforms with a significant user base are now required to establish operational policies for responding to manipulated information and to manage reporting and processing procedures. Upon receiving a report, they must notify the outcome and reasons for their decision, as well as provide a process for appeals. They are also required to regularly publish transparency reports detailing their operational status.
Not all internet services are subject to this law. It applies to large platform operators with an average daily user count of over one million in the three months prior to the end of the previous year. Given user numbers, major social media and community platforms such as YouTube, Instagram, X, Facebook, and DC Inside are expected to be included.
However, simple expressions of opinion, criticism, or political claims are not immediately subject to regulation. Private messaging services like KakaoTalk are also exempt. The determination of whether information is manipulated will consider whether the content is false or has been altered to mislead others, whether the intent was to cause harm or gain unfair advantage, and whether it infringes on personal rights, property rights, or public interest.
Actions that repeatedly distribute manipulated information for profit can now face penalties. Those who post information confirmed by a court as manipulated more than twice may be fined up to 1 billion won. Enhanced damages will also apply to larger publishers who earn advertising or sponsorship revenue, indicating that the government distinguishes between general users and larger entities.
Platforms have various measures they can take. Upon receiving a report, large platforms may delete posts, block access, limit exposure, suspend or terminate accounts, restrict monetization, and halt or withdraw financial payments. However, they must inform both the reporter and the poster of the reasons for their actions and the appeal process.
The government describes this system as a framework for self-regulation centered on platforms rather than direct censorship. It emphasizes that the government will not directly determine the veracity of all posts; instead, platforms will handle initial responses based on their operational policies and private fact-checking results.
Users now have recourse if they disagree with a platform's actions. Reporters or posters can appeal decisions and request mediation through the Broadcasting Media Communications Review Committee's dispute resolution body, which has been expanded to a nine-member panel to accommodate this new framework.
The most significant issue remains the boundary between false information and opinion or criticism. Unlike clearly manipulated information, political claims or social issues can be subject to varying interpretations. In such cases, similar posts may receive different treatments based on each platform's judgment criteria.
Concerns have also been raised about indiscriminate reporting. If a particular group systematically reports posts they disagree with, platforms may excessively delete or limit exposure to avoid legal liability. This is especially concerning for contentious topics such as elections, politics, gender, healthcare, and disasters, where responses to manipulated information could lead to debates over freedom of expression.
Platforms now face increased burdens, as they must implement new procedures for fact-checking, report processing, appeal responses, and transparency reporting. The neutrality and transparency of fact-checking organizations, along with the fairness of each platform's operational policies, are seen as key factors for the successful implementation of this system.
* This article has been translated by AI.
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