Crackdown on Fake News: Portals and Platforms Step Up Response to False and Manipulated Information (Comprehensive)
Revised 'Information and Communications Network Act' Takes Effect Today
Applies to Providers With Over 1 Million Daily Users
Naver and Other Portals Amend Service Terms
On July 7, with the enforcement of the amended Information and Communications Network Act (Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.), which aims to address false and manipulated information online, domestic portal and platform companies such as Naver revised their posting operation policies to reflect the updated regulations. They have also begun revising their service terms to handle false and manipulated information and established reporting systems to receive related reports from users.
This law requires major platform operators to establish autonomous management policies regarding false and manipulated information, process user reports, and release transparency reports. The law applies to information and communications service providers whose daily average number of users exceeded 1 million during any three-month period as of the end of the previous year. Online information publishers with more than 100,000 subscribers, or whose monthly combined views averaged more than 100,000 during the preceding three months, may also be subject to enhanced punitive damages if they intentionally or through gross negligence disseminate illegal or false and manipulated information that causes harm.
Major platform companies are now obligated to: ▲ establish autonomous management policies concerning illegal and false and manipulated information; ▲ receive and process reports, and notify users of the results; and ▲ publish transparency reports. The determination of whether reported content constitutes false and manipulated information is made directly by each platform. Most platforms intend to base their determinations on the False and Manipulated Information Autonomous Policy Guidelines issued by the Korea Internet Self-governance Organization (KISO). In this process, if necessary, the verification results of independent fact-checking organizations may be referenced.
Major portal and platform companies with more than 1 million users have already completed preparations for revising their terms of service and establishing reporting procedures. A representative from NAVER stated, "We have already been taking action regarding false and manipulated information according to our internal policies," adding, "We will further strengthen management of information that is clearly identified as false and manipulated, and as this is the first week of enforcement, we will closely monitor the situation and proactively address any shortcomings."
Kakao announced to users on June 30 that it would implement reporting functions for illegal and false and manipulated information in accordance with the amended Information and Communications Network Act, and will begin implementation from today. However, the revised law does not apply to general chats conducted through KakaoTalk, as these are private conversations between chat participants and are not considered platforms open to the general public. Likewise, one-on-one and group open chats, where users can participate anonymously, are also exempt. On the other hand, "Open Chat Communities," where conversations can be previewed before joining, and the "Open Chat Cover," which is the background photo of open chat rooms, are subject to this law.
AXZ, which operates the portal site "Daum," also revised its service operation policies ahead of the enforcement of the amended law. Daum provides public platform functions such as Daum News, Daum Cafe, and Tistory (blog).
Kim Jongcheol, Chairman of the Committee on North Korea-U.S. Relations, speaking. Photo by Yonhap News Agency
View original imageYouTube also updated its reporting procedures and reporting page for content that may potentially violate national laws. According to the YouTube Help Center website, the review process for reports takes into account local legal issues and may, in some cases, require a court order or a report from a relevant party or official legal representative. A YouTube representative said, "Google is also taking corresponding measures in accordance with the enforcement of the law."
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If platforms fail to take the necessary actions under the new law, the Korea Communications Commission may issue corrective orders. If these orders are not followed without a valid reason, criminal penalties may be imposed under the Information and Communications Network Act.
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