Reasons for Proposal
As gateways to the use of the Internet, Web portals have become indispensable in this age of informatization, with their growing influence on society.
However, there has been much controversy recently concerning information circulated through the Internet that intrudes on other persons' privacy, defames other persons, or violates other persons' right otherwise as search rankings and number of views, etc. are now easy to manipulate for the purpose of influencing public opinion.
Accordingly, the Amendment requires providers of information and communications services of a certain size to carry out monitoring to protect users from information that may infringe upon the rights of others; requires large Web portals to take measures for identity verification; and prescribes penal provisions to punish persons who manipulate search rankings, number of views and number of likes, etc., thereby strengthening the social responsibilty of providers and users.
Details
A. Prescribe that a provider of information and communications services whose average number of users per day, sales, and other related factors fall under the criteria prescribed by Presidential Decree shall, if he/she installs and operates a message board, prevent any inforamtion that may infringe upon the rights of others among user comments from being circulated. Any violators shall be punished by imprisonment of up to 1 year or a fine of up to 10 million won (Article 44, paragraph 3 and Article 74, paragraph 1, subparagraph 1-2 newly inserted)
B. Prescribe that a provider of information and communications services whose average number of users per day, sales, and other related factors fall under the criteria prescribed by Presidential Decree shall, if he/she installs and operates a message board, monitor whether user comments on a message board contain information that may infringe upon the rights of others in accordance with voluntarily formulated standards and shall disclose such standards. Any violators shall be punished by imprisonment of up to 1 year or a fine of up to 10 million won (Article 44, paragraph 4 and Article 74, paragraph 1, subparagraph 1-3 newly inserted)
C. Increase the period of time for a provider of information and communications services to block access to information that intrudes on other persons' privacy, defames other persons, or violates other persons' rights otherwise from up to 30 days to up to 90 days (Article 44-2, paragraph 4)
D. Require a provider of information and communications services, who offers such services as searches for Internet addresses, information, etc., e-mail, communities, etc., with at least 20 million average weekly users, to take measures for identification for a message board; and impose an administrative fine of up to 50 million won for non-compliance (Article 44-5 and Article 76, paragraph 1)
E. Prescribe that no person shall manipulate, such as by modifying or deleting, search rankings, number of views, number of likes, or any other attribute specified by Presiential Decree, of information circulated through information and communications networks with the intention of profiteering for oneself or any other person or harming other persons; and punish any person who has engaged in such manipulation by imprisonment of up to 7 years or a fine of up to 70 million won (Article 45, paragraph 4 and Article 69-3 newly inserted)
F. Prescribe that any provider of information and communications services who fails to take necessary measures upon receiving a request for deletion or rebuttal of information from a person whose right has been infringed upon, through invasion of privacy, defamation, etc., shall be punished by imprisonment of up to 1 year or a fine of up to 10 million won (Article 74, paragraph 1, subparagraph 1-4 newly inserted)
