Government Responds to U.S. Concerns Over ICNA: "No Discriminatory Elements... Korea-U.S. Consultations Ongoing"
The U.S. Department of State has expressed concerns over the recent amendment to the Information and Communications Network Act (ICNA) implemented in South Korea, citing fears that it could restrict freedom of expression and increase burdens on American companies. In response, the Korean government refuted these concerns, stating, "The law does not contain any discriminatory elements against domestic or foreign companies." The government also emphasized its intention to continue communication with the U.S. side.
An official from the Ministry of Foreign Affairs stated on July 9, "The legislation was promoted to address social harms emerging in the digital environment and to strengthen user protection."
The official added, "The amendment respects freedom of expression as guaranteed by the Constitution, and we have made efforts to communicate the purpose and details of the law to major stakeholders, including the United States."
The official further explained, "During follow-up discussions on the Korea-U.S. Joint Fact Sheet (JFS), both countries agreed to accelerate consultations to achieve tangible results as soon as possible. To this end, we plan to stay in regular contact and hold meetings as needed."
Amid a series of recent issues raised by the U.S. Congress and administration regarding Coupang, there are concerns that the implementation of this amendment could add further diplomatic and trade friction between Korea and the United States. However, the government remains committed to ongoing communication with the U.S. side, aiming to explain and manage the legislative intent and content of the ICNA. The official stated, "We will ensure necessary communication with the U.S. side during the implementation of this law."
On July 8 (local time), the U.S. Department of State, in a statement released under the spokesperson's name, said it had "serious concerns that the amendment to the ICNA implemented in Korea could lead to excessive content regulation and undermine freedom of expression."
The Department of State added, "Korea should not impose excessive burdens on American companies, nor should the enforcement of the law be used as a means to require censorship of freedom of expression," expressing hope for continued dialogue with U.S. tech companies.
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The ICNA amendment, which took effect on July 7, centers on imposing punitive damages and fines for the distribution of false or manipulated information online. The Korea Broadcasting and Media Communications Commission has designated and notified a total of nine major information and communications service providers as subject to regulation—five domestic providers (Naver, Kakao, AXZ, Nate, and DCInside) with an average of over 1 million daily users, as well as four overseas providers (Google, Meta, X, and TikTok).
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