- KEY AMENDMENTS TO THE NETWORK ACT
I. OVERVIEW OF THE AMENDMENT TO THE 「ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION」
The partial amendment (the “Amendment”) to the 「Act on Promotion of Information and Communications Network Utilization and Information Protection」 (hereinafter the “Network Act”) passed the plenary session of the National Assembly on December 24, 2025. Dubbed the “Act on Eradication of False and Manipulated Information,” the Amendment primarily focuses on: (i) revising the scope of the definition of illegal information and establishing regulations on false and manipulated information; (ii) introducing provisions for damages and a system for aggravated damages for illegal, false, and manipulated information; (iii) strengthening sanctions for defamation based on false facts; (iv) establishing obligations for large-scale online service providers and a supervision/support framework; and (v) expanding the dispute mediation system and refining procedural regulations. The Amendment is scheduled to take effect six months after its promulgation, pursuant to the Addenda.
II. KEY CONTENTS
1. Revision of the Scope of Illegal Information and Establishment of Regulations on False and Manipulated Information (Articles 44-7(1) and 44-7(2))
1) Revision of the Scope of Illegal Information and Establishment of Hate Speech Regulations
- Limitation of Illegal Information to Defamation based on False Facts
Previously, any information that publicly revealed “facts or false facts” with the intent to slander a person and thereby damaged their reputation was defined as illegal information (“Illegal Information”) under Article 44-7(1) of the Network Act. However, the Amendment has removed “facts” from the definition of Illegal Information which may be subject to the newly added civil liability and reporting clauses (see II-2 and II-4 below) and limits this definition solely to defamation based on false facts.
- Classification of Hate and Discriminatory Incitement as Illegal Information
The Amendment explicitly defines new categories of illegal information targeting individuals or groups based on race, nationality, region, gender, disability, age, social status, income, or property status. These categories include: (i) information that incites direct violence or discrimination, and (ii) information that seriously promotes hatred and significantly undermines human dignity.
2) Establishment of Definition for False and Manipulated Information and Prohibition of Distribution
- Introduction of Concepts and Prohibition on Distribution
The Amendment defines “False Information” as content that is wholly or partially untrue, and “Manipulated Information” as content altered to mislead others into believing it is factual. The distribution of such False or Manipulated Information (collectively, “False and Manipulated Information”) online is prohibited when done with the intent to harm others or obtain unjust profits, while knowing the information is false or manipulated. This prohibition applies when such actions infringe upon others’ personal rights, property rights, or the public interest. Notably, satire and parody are explicitly excluded from regulation.
2. Introduction of Damages Provisions and Aggravated Damages System for Illegal, False, and Manipulated Information (New Articles 44-10, 44-11, and 44-24 through 44-26)
1) Liability for Damages caused by Illegal or False and Manipulated Information and Basis for Ex Officio Calculation of Damages
- Legal Basis of Liability for Damages: The Amendment expressly codifies civil liability for cases where damages are caused by the distribution of Illegal Information, False Information, Manipulated Information, or False and Manipulated Information through online due to willful misconduct or negligence.
- Ex Officio Calculation of Damages: In cases where the damages suffered is recognized but the specific amount is difficult to prove, the court is authorized to determine a reasonable amount as damages up to KRW 50 million.
2) Introduction of Aggravated Damages for Media, YouTubers, Etc.
- Applicability and Requirements: The Amendment introduces a provision allowing the court to order punitive damages of up to five times the recognized damage amount if a person engaged in the business of posting information (e.g., media outlets, YouTubers, etc., meeting criteria for number of posts, subscribers, or views as prescribed by Presidential Decree): (i) knew the information was Illegal Information or False and Manipulated Information; (ii) distributed it with the intent to harm others or obtain unjust profits; and (iii) caused infringement of legal rights to the victim. However, liability may be exempted if the distribution was for the public interest.
3) Special Rules on Abuse of Claims for Aggravated Damages
- To prevent abuse of the aggravated damages system, claims for damages filed for the purpose of obstructing legitimate criticism or monitoring activities in the public interest are not permitted. A defendant in such a lawsuit may request an interlocutory judgment to determine whether the claim constitutes abuse.
4) Imposition of Penalty Surcharges for Repeated Distribution after Final Judgment
- Where a person engaged in the business of delivering facts or opinions to the public at large via online channels has been found to be distributing Illegal Information or False and Manipulated Information through a guilty judgment or damages judgment two or more times, the Korea Media and Communications Commission may impose a penalty surcharge of up to KRW 1 billion.
3. Enhanced Criminal Penalties for Defamation based on False Facts (Revised Article 70(2), New Article 70(4))
- Defamation based on Facts Maintained: Although a reduction in scope (limiting it to facts regarding private life) was discussed during the revision process, the current regulation was ultimately retained.
- Increase in Fines and Introduction of Confiscation/Collection for Defamation based on False Facts: For defamation based on false facts, the maximum fine has been increased from KRW 50 million to KRW 70 million. Additionally, a basis for judicial lien has been established, enabling the recovery of economic profits obtained through the violation.
4. Establishment of Obligations for Large-Scale Information and Communication Service Providers and Supervision/Support System (Article 2, New Articles 44-12 through 44-17)
1) New Definitions for “Large-Scale Information and Communications Service Provider” and “Poster”
- The Amendment establishes definitions for “Large-Scale Information and Communications Service Provider” (providers meeting criteria such as number of users and service type as prescribed by Presidential Decree) and “Poster” (a person who directly produces or selects information and posts it for online distribution using information and communications services).
2) Obligations of Large-Scale Information and Communications Service Providers regarding Illegal, False, and Manipulated Information
- The Amendment has introduced new obligations for Large-Scale Information and Communications Service Providers concerning Illegal, False, and Manipulated information, as follows.
- Obligation to Notify Receipt of Report: Any individual may report Illegal Information or False and Manipulated Information distributed on a network operated by a Large-Scale Information and Communications Service Provider. Upon receiving a report, the provider is required to notify the reporter of the receipt, except in exceptional circumstances such as abuse.
- Obligation to Take Measures and Provide Notification: After a report is received, the provider may implement measures, including deletion, blocking, restricting exposure, suspending or terminating the Poster’s account, limiting monetization, suspending or terminating service, labeling content as harmful to youth, or dismissing the report. The provider must inform both the reporter and the Poster of the reasons for any action taken and any appeals procedure. Certain measures, such as deleting information or suspending service, are restricted for media organizations, internet news service businesses, and IPTV operators.
- Obligation to Establish Autonomous Operating Policies: Large-Scale Information and Communications Service Providers must establish autonomous operating policies regarding judgment criteria and reporting/action procedures for Illegal Information and False and Manipulated Information, reflecting opinions from stakeholders and experts.
- Obligation to Publish Transparency Reports: Large-Scale Information and Communications Service Providers must publish a transparency report every six months containing the daily average number of users, revenue, business type, number of reports and actions taken, status of report handling, details of orders/recommendations from government agencies and compliance measures, and status of autonomous measures under their terms and policies.
3) Supervision by the Korea Media and Communications Commission and Establishment of Transparency Center
- Supervisory Authority: The Amendment grants the Korea Media and Communications Commission supervisory authority to verify and investigate whether Large-Scale Information and Communications Service Providers meet the size requirements and to examine their status of reports/actions and the operation of autonomous regulation of Illegal Information. It also provides grounds for establishing an “Information and Communications Service Transparency Center” to support these activities.
5. Expansion of Dispute Mediation System and Refinement of Procedural Regulations (Article 44-6, New Articles 44-18 through 44-23)
- The Amendment transforms the Defamation Dispute Mediation Division into a more general “Dispute Mediation Division,” broadening its authority to handle disputes involving reports, measures, and objections related to Illegal Information and False and Manipulated Information. This change aims to ensure a prompter remedy for individual rights.
- Additionally, the procedures governing mediation, such as how mediation is conducted, how proposals are made and accepted, and the grounds for dismissal or suspension, have been clarified. The division will consist of legal professionals, journalists, and experts in the information and communications sector, ensuring a high level of expertise.
III. IMPLICATIONS
The Amendment was introduced to mitigate the social and personal harm resulting from the rapid spread of Illegal, False, and Manipulated Information online. In addition to strengthening civil liability for damages, the Amendment clearly outlines the obligations of Large-Scale Information and Communications Service Providers to respond effectively to reports of such information and expands the regulatory authority of supervisory agencies.
These institutional changes are expected to improve accountability in the online distribution of information and foster a more stable internet environment. However, because the definitions and criteria for False and Manipulated Information remain underdeveloped in the early stages of enforcement, it is crucial for regulated entities to establish and refine their risk management systems after closely monitoring the evolution of subordinate statutes, regulatory agency guidance, and emerging case law.
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[Korean version]
