Reason for proposal and main contents

False or manipulated information that misrepresents accurate facts by falsifying or distorting them in order to induce misperception has recently been widely circulated or distributed via information and communication networks. False or manipulated information is often produced by tactfully mixing existing true information with false information concerning such facts, making it difficult to discern or distinguish between them. Such false or manipulated information is characterized by its extremely rapid expansion and reproduction on the Internet once produced.

It has been pointed out by many people that such false or manipulated information could undermine the fairness and transparency of the media environment and also threaten public health and social safety in disaster situations. It has also been stated that individuals who are the targets of such false or manipulated information may suffer from defamation and intrusions of their privacy. Therefore, we affirm that it is necessary to provide measures to prevent the circulation or distribution of false information by strengthening its control.

The European Union has strengthened the public responsibility of information and communication service providers by implementing the Digital Services Act (DSA; introduced last year), which provides that 'digital intermediary service providers should bear special obligations to delete and block unlawful information and to take various measures to prevent damage to the users. Since 2018, Germany has implemented the Network Enforcement Act (NetzDG), which requires the operators of online platforms to delete or block clearly unlawful contents uploaded by users within 24 hours, to establish procedures for review and arbitration, and to publish a transparency report containing the results of their handling of illegal contents on a semi-annual basis, thereby strengthening their contents-related responsibility and emphasizing the transparency of their handling process. 

It aims to prevent the circulation or distribution of falsely fabricated information by imposing obligations on the providers of information and communication services to prevent the circulation or distribution of falsely fabricated information by assigning to specific individuals the responsibility for preventing the circulation or distribution of falsely fabricated information, to include falsely fabricated information as illegal information that is prohibited from being distributed on their information and communication networks, and to allow anyone who is aware of an infringement of another person's rights by falsely fabricated information to request the deletion of such information or the posting of refutations thereof.

In addition, it seeks to effectively prevent the distribution of false or manipulated information by imposing criminal liability on those who fail to fulfill their obligations to prevent the distribution of false information or to designate a responsible person, as well as those who distribute false information, by imposing penalties designed to induce them to fulfill their obligations (Newly established in Article 2, Article 44-7, and Article 44-11 of the draft).