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National Assembly Legislation

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  • [지적재산권/IT] Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc
    • Competent Ministry : Korea Communications Commisstion
    • Advance Publication of Legislation : 2018-05-24
    • Opinion Submission Deadline : 2018-06-07
Reasons for Proposal

Recently, "fake news," which deliberately and subtlely disguises false or distorted facts as news for political or economic gains, has become a social problem at home and abroad. In particular, there is an ongoing controversy over fake news that spreads rapidly through portals, social media and other channels, with the development of information and communications technology, misleading public opinion and influencing election results as well as causing mental and property damage to others.

This year, Germany started to obligate social media groups to monitor fake news and delete it, if detected as illegal information, and impose fines for violation while France has announced that it will introduce a new law against fake news.
In Korea, however, fake news has not yet been defined, and there are no legal grounds on which to punish a person who spreads fake news and no means to regulate providers of information communication services who have poorly managed fake news.
Accordingly, the Amendment aims to define fake news; establishes new penal provisions for persons who have involved in spreading fake news; prescribes regulations on the duty of providers of information and communication services to prepare effective and transparent procedures for reports on fake news and to assign a person in charge of managing, monitoring and deleting fake news; and prescribes penal provision to punish a provider of information and communication services who violates them (Article 2, Article 44, Article 44-2, etc.).

Major Provisions

Prohibit users of information and conmmuincaiton networks from circulating information corresponding to fake news (Article 44 (1) 2)

Require providers of information and communication services to monitor fake news, take measures to delete it and to report on results (Article 44-2 (9) ~ (11))

Require providers of information and communication services to assign a person in charge of preventing the distribution of fake news (Article 44-8 (1))


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