If Illegal Filming Sexual Crime Materials Are Neglected, '3% of Sales' Fine Imposed

[Asia Economy Reporter Koo Chae-eun] Internet service providers such as portals must pay a fine of up to 3% of their sales if they fail to fulfill their obligations to prevent the distribution of digital sexual crime materials.

On the 10th, the Korea Communications Commission (KCC) announced that it has prepared and will enforce the enforcement decree and public notice related to the so-called 'Nth Room Prevention Act' starting from that day. The 'Nth Room Prevention Act,' passed by the National Assembly in May, includes provisions to strengthen the obligations and penalties for internet service providers to promptly block digital sexual crime materials.

In line with the enforcement of the Nth Room Prevention Act, the KCC established the enforcement decree and public notice including △expanding the entities that can request deletion of illegal filming materials △allowing internet service providers to request review by the Korea Communications Standards Commission if it is difficult to determine whether the content is illegal filming material △imposing fines for intentional non-compliance with deletion or access blocking measures △designating persons responsible for preventing distribution of illegal filming materials and submitting transparency reports △technical and administrative measures for pre-distribution prevention.

First, in addition to general users, institutions and organizations designated and announced by the KCC, such as the Korea Women's Human Rights Institute and sexual violence victim counseling centers, can request internet service providers to delete or block access to illegal filming materials. If it is difficult to determine whether the reported or deletion-requested information qualifies as illegal filming material, the service provider may request a review from the Korea Communications Standards Commission.

If deletion or access blocking measures are intentionally not implemented, fines of up to 3% of sales may be imposed on the service provider, differentiated based on the severity of the violation. Service providers with more than 100,000 daily users or annual sales exceeding 1 billion KRW, who provide SNS, communities, chat rooms, internet personal broadcasting, or search services, as well as webhard service providers, must designate an executive or head of the responsible department as the person in charge of preventing distribution of illegal filming materials. They must also submit an annual transparency report to the KCC.

Han Sang-hyuk, Chairman of the KCC, stated, "We will strive to smoothly implement follow-up measures according to the amended law so that victims suffering from illegal filming materials can be promptly relieved," and added, "We will also prepare thoroughly for technical and administrative measures scheduled to be implemented from the end of next year."