Expansion of Undercover Investigations into 'Deepfake Sexual Crimes'... Telegram Also Targeted

Government Announces Strengthened Joint Response Measures with Relevant Ministries
Expansion of Undercover Investigations... Investigations Possible with Concealed Identity
Telegram Regulation Targets, Sanctions for Non-Compliance with Obligations

The government is strengthening its response to 'Deepfake sexual crimes,' which indiscriminately produce victims.

While expanding the scope of undercover investigations, it has also introduced flexibility to allow for proactive investigations with undisclosed identities followed by post-approval. In particular, to fundamentally suppress the demand for fake sexual videos, the punishment level has been raised so that possession or even just viewing can result in up to three years of imprisonment.

Strong Punishment for Deepfake Sexual Crime Materials, Even for Viewing

On the afternoon of the 6th, Kim Jong-moon, First Deputy Director of the Office for Government Policy Coordination, announced measures to strengthen the response to deepfake sexual crimes at the Government Complex Seoul. In response to incidents such as 'deepfake on university campuses' and 'mass distribution of deepfakes among middle and high school students,' the government formed an inter-ministerial task force led by Deputy Director Kim Jong-moon. Urgent legislative and administrative measures have been prioritized, including establishing regulations to punish not only the production of fake videos but also possession and viewing.

The response measures announced that day were jointly prepared by related ministries under the coordination of the Office for Government Policy Coordination, including the Ministry of Education, Ministry of Science and ICT, Ministry of Justice, Ministry of National Defense, Ministry of Gender Equality and Family, Korea Communications Commission, Personal Information Protection Commission, and the National Police Agency. The government plans to focus on four major areas?▲stronger punishment and expanded investigative capabilities ▲enhancing platform accountability ▲rapid victim protection ▲customized preventive education?and will pursue 10 tasks accordingly.

First, in terms of 'strengthening punishment,' new regulations have been established to punish possession, purchase, storage, and viewing of fake sexual videos. Simply viewing deepfake sexual crime materials can result in imprisonment of up to three years or a fine of up to 30 million won. Editing or distributing such materials has been elevated to the same legal penalty as illegal filming, increasing the statutory penalty from 5 to 7 years, and the law has been amended to punish distribution even if there was no intent to distribute the videos.

When sexual crime materials involving children and adolescents are used for threats or coercion, the punishment level has been further increased. Previously, under the Sexual Violence Punishment Act, sentencing guidelines were one year for threats and three years for coercion, but following amendments to the Youth Protection Act, the punishment has been strengthened to three years for threats and five years for coercion. Provisions to confiscate and recover assets and criminal proceeds obtained through crimes using fake videos will also be newly established.

Expansion of 'Undercover Investigations'... Initiating Investigations Without Revealing Identity

Authorities have also taken decisive measures to enhance 'investigative response capabilities.' In addition to expanding undercover investigations and conducting investigations with undisclosed identities for proactive responses, advanced investigative techniques currently permitted for drug crimes will be introduced.

Previously, undercover investigations were only allowed when the victim was a child or adolescent, but now the scope will be expanded to include adult victims as well. This allows evidence to be collected through contracts or transactions under a disguised identity. However, strict requirements must be met through a prosecutor's request and court approval.

Furthermore, the current system requiring prior approval for investigations with undisclosed identities has been revised to allow for prompt initiation of investigations in urgent cases, followed by post-approval. For example, police officers can collect evidence by not revealing or denying their identity.

Additionally, advanced investigative techniques such as monitoring methods to wiretap domestic network segments used by overseas platforms will be introduced, and a hotline between prosecutors and police will be established to create a continuous cooperation system.

For serious digital sexual crimes and the production and distribution of child and adolescent sexual exploitation materials, the principle of 'detention during investigation' will be strictly applied by improving case handling standards and manuals. Sentencing guidelines will also be revised and coordinated to improve the practice of imposing low sentences for digital sexual crimes. This takes into account that among 87 people prosecuted for fake sexual videos over four years since June 2020, 34 received suspended sentences.

Telegram, a Hotbed for Distribution of Sexual Exploitation Materials, Also Subject to Regulation

Kim Jong-moon, First Deputy Director of the Office for Government Policy Coordination, is announcing measures to strengthen the response to deepfake sex crimes on the afternoon of the 6th at the Government Complex Seoul.
[Image source=Yonhap News]

Authorities will apply an active interpretation of relevant laws to strengthen business operator obligations on platforms such as Telegram, where sexual exploitation materials are distributed. Distributing open channel access links to unspecified large numbers of people to share illegal videos is considered 'providing or mediating harmful materials to youth.' Accordingly, obligations such as appointing a domestic representative and issuing corrective orders will be required, and sanctions will be imposed if these are not fulfilled.

Existing value-added telecommunications service providers under government supervision, such as Naver and Meta, will also be assigned the 'obligation to prevent distribution of illegal filming materials,' and corrective orders or fines will be imposed if they fail to comply.

For victim protection, a 'block first, review later' system has been established. If a business operator receives a deletion request for videos but finds it difficult to determine whether the material is sexual crime content, blocking measures must be implemented first. Subsequently, it is mandatory to request a review by the Korea Communications Standards Commission. Also, when deletion requests for illegal filming materials are made, the business operator must submit the results to the Commission within a mandatory '24-hour deadline.'

In terms of sexual crime prevention, customized education and publicity will be conducted targeting students, teachers, parents, and public institutions. For minor students, emphasis is placed on 'comprehensive awareness raising,' and preventive education is made mandatory for public institutions.

Deputy Director Kim Jong-moon stated, "We plan to continue operating the 'Deepfake Sexual Crime Response Task Force' going forward," adding, "We will meticulously review and supplement follow-up measures such as victim support, strengthened crackdowns, passage of legislation, and securing budgets."