[Q&A] "Is Political Criticism or Satire Banned?"... Addressing Misconceptions About the Revised Information and Communications Network Act

Platforms may take measures such as deletion, blocking, or account suspension

With the revised Information and Communications Network Act, aimed at responding to false or manipulated information online, coming into effect on July 7, debate has intensified between the political sphere and users regarding the protection of freedom of expression. The government has explained that the new system does not regulate simple statements of opinion or criticism; however, there are concerns that the criteria for hate speech may be ambiguous. In particular, if the repeated distribution of false or manipulated information causes harm to others, this may lead to fines or liability for damages, raising concerns that online activity could be discouraged. Questions users may have have been compiled below based on explanations from the Korea Broadcasting, Media, and Communications Commission (BMC).

-Are political criticism or satire also regulated as hate speech?

▲No. The law regulates only information that directly incites violence or discrimination against a specific individual or group, or that seriously instigates hatred to a degree that it significantly undermines human dignity. Whether a particular post constitutes hate speech is determined by comprehensively considering not only its content, but also the circumstances under which it was written, context, and social impact; therefore, it is not deemed hate speech simply because someone finds it offensive.

What should you do if you discover false or manipulated information?

▲Anyone can report it to the platform operator. When reporting, you must provide the specific location of the post, such as the URL, the reason for the report, supporting evidence, as well as your contact information and name.

-What actions must large-scale information and communications service providers take if they are reported for hate speech?

▲If the provider determines that the reported information constitutes hate speech according to its autonomous operation policy, it may take necessary actions such as deleting or blocking the information, restricting exposure, or suspending the account. If such action is taken, the provider must notify both the reporter and the content poster of the results and reasons. The content poster may file an objection.

Jang Donghyuk, leader of the People Power Party, is attending the Supreme Council meeting held at the National Assembly on the 6th. Jang stated that he wore a black mask to highlight the unfairness of the amended Telecommunications Network Act. July 6, 2026 Photo by Hyunmin Kim.

-What happens if the platform fails to take the necessary actions?

▲If a large-scale information and communications service provider fails to fulfill its obligation to take measures such as deletion or blocking regarding hate speech, the Korea Broadcasting, Media, and Communications Commission may issue a corrective order. If the corrective order is not complied with without justifiable reason, the provider may be subject to criminal penalties under the Information and Communications Network Act.

-Who determines whether something constitutes hate speech?

▲The provider may initially determine whether to take action on the information in accordance with its autonomous operation policy. The Korea Broadcasting, Media, and Communications Commission (BMC) will review whether the information constitutes hate speech, according to the Information and Communications Network Act and the Information and Communications Deliberation Regulations, and may request corrective measures such as deletion or blocking.

-If a YouTuber with 150,000 subscribers repeatedly uploads false or manipulated information, will a fine be imposed?

▲Yes. If, during the three months immediately prior to the distribution of the information, a person who has posted information three or more times and earned revenue such as advertising proceeds, repeatedly distributes, on two or more occasions, information that has already been legally confirmed by a court to be illegal or false/manipulated, a fine of up to KRW 1 billion may be imposed.

-If someone uploads false or manipulated information on platforms such as YouTube or Naver, can the platform also be subject to enhanced liability for damages?

▲The content poster is subject to enhanced liability for damages, but large-scale information and communications service providers are not subject to enhanced liability for damages.

-If a post uploaded to a newspaper's YouTube, Instagram, or Facebook is determined to be false or manipulated information, is the media company also liable?

▲Yes. However, information related to acts of public interest whistleblowing under the Act on the Protection of Public Interest Whistleblowers, information related to acts prohibited under the Improper Solicitation and Graft Act, and information recognized as related to matters of public interest or concern for the public welfare are excluded from liability for damages or enhanced liability for damages. In addition, large-scale information and communications service providers cannot take measures such as deletion, blocking, or account suspension against media companies, internet news service providers, or internet multimedia broadcasting service providers.

This content was produced with the assistance of AI translation services.