Jo Incheol: "Responsibility of Overseas Platform Operators Must Be Strengthened"

Amendment to the Information and Communications Network Act Proposed
Mandatory Reporting and Communication for Domestic Representative Designation
"Protecting Users in Case of Legal Violations or Incidents"

Jo Incheol, Member of the National Assembly.

Democratic Party lawmaker Cho Incheol (Gwangju Seo-gu Gap) announced on the 17th that he has proposed an amendment to the Information and Communications Network Act, which significantly strengthens the responsibilities of domestic representatives for overseas platform operators such as Google and Facebook.

The 'domestic representative' system requires overseas operators to appoint a domestic representative in Korea to facilitate communication with overseas businesses in cases of personal information infringement or grievance handling experienced by Korean users of global online services. This system, introduced in 2018 to enhance the enforceability of domestic law in the event of legal violations or incidents by overseas operators, has been criticized for being poorly managed, as domestic representatives have failed to respond promptly and effectively when issues arise.

The amendment focuses on greatly strengthening the operation of the domestic representative system and reporting obligations to the Korea Communications Commission (KCC). It mandates that any appointment or change of a domestic representative must be reported to the KCC, and that domestic representatives are required to register a hotline for constant communication with the KCC and the Ministry of Science and ICT. Violations will result in a fine of 20 million won.

The amendment also stipulates that if the KCC or other government agencies issue corrective orders regarding illegal information, overseas operators must notify the authorities of 'when and how' they have taken action. Until now, there was no way to verify whether overseas operators had complied with such orders from the Korean government.

This amendment is part of efforts to strengthen the application of domestic law to overseas platforms such as YouTube and Facebook, whose usage rates among Korean citizens have surged.

Previously, the KCC attempted three times since 2021 to confirm whether Telegram, which was used for distributing various deepfake sexual exploitation materials and drug trafficking content, had designated a domestic representative. However, it was not until November 2024, three years later, that the designation was finally confirmed. During this period, while the government was unable to take appropriate action, Telegram became a hotbed for various illegal content.

Cho stated, "In a reality where illegal information spreads indiscriminately through overseas platforms like Google and Facebook, a merely formal representative system cannot protect our citizens," adding, "The amendment includes the minimum measures necessary to ensure the platform's substantial responsibility by correcting the current system, which has been criticized as 'there is a representative, but no responsibility.'"

He continued, "It is a clear problem that only domestic platform operators are being discriminated against while overseas platform operators evade domestic regulations. Overseas platform operators conducting business in Korea must also have their responsibilities equally strengthened."

Meanwhile, Cho has previously proposed the so-called "No Brain Rot Act," which aims to address the filter bubble issue by preventing indiscriminate algorithmic recommendation services by overseas platform operators such as YouTube.