Two Amendments to the Information and Communications Network Act Proposed
"Neglecting Violent Incitement and Hate Speech Hinders Social Integration"
Jo Incheol, member of the Democratic Party of Korea.
Amid a surge in extreme incitement and various hate speech online, including on YouTube, a bill has been introduced to strengthen regulations against such content.
On May 29, Jo Incheol, a member of the Democratic Party of Korea (Gwangju Seo-gu Gap), announced that he had submitted two proposed amendments to the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., which would include incitement to rebellion and hate speech among the types of illegal information prohibited from distribution on information and communications networks.
The amendments were proposed in response to criticism that the current narrow interpretation of illegal information under the law limits the roles of the Korea Communications Standards Commission (KCSC) and other relevant bodies, which are supposed to review and sanction various types of content.
Currently, the Information and Communications Network Act defines illegal information as obscene content, information that instigates or aids criminal activity, and defamation, and prohibits their distribution. However, there are no sanctions against content that causes social unrest, such as incitement to rebellion, or various forms of hate speech.
The core of the proposed amendments is to also include, as illegal information prohibited from distribution on information and communications networks, content in which an individual or a third party creates or spreads false or manipulated information for political or economic gain, thereby encouraging or inciting crimes such as riots and terrorism.
In practice, regarding the conspiracy theories about election fraud that led to the '1·19 Seobu District Court Riot,' the KCSC has repeatedly stated that it is "difficult to review" such content due to a lack of clear standards. Article 8 of the current broadcasting review regulations allows for requests to delete information that "poses a significant risk of undermining social order," but the KCSC explains that the standard of "significant risk" is ambiguous, making active review difficult.
Jo Incheol also introduced an amendment to include in the definition of illegal information any content that encourages discrimination or incites violence against specific groups based on race, nationality, region, age, disability, gender, sexual orientation, religion, occupation, or illness, including against people with disabilities or women. In addition, the amendment would require information and communications service providers to establish mandatory reporting and response systems for such content.
This reflects the reality that, despite a recent increase in hate speech inciting discrimination and violence against certain groups or individuals and the resulting rise in social conflict, the current law lacks a direct legal basis for regulating hate speech, making effective responses difficult.
Jo Incheol stated, "Conspiracy theories about election fraud, such as the '99-member Chinese spy ring at the National Election Commission,' are prime examples of cases that have caused significant social unrest, yet the Ministry of Science and ICT and the KCSC, which are the responsible authorities, have effectively done nothing." He added, "Even when information is confirmed to be false by credible institutions such as the National Election Commission, if it is not classified as illegal information under current law, there is no way to take swift action. This situation must be improved."
Jo Incheol further emphasized, "Clearly false information and hate speech intended for political or economic gain can undermine the foundations of democracy and hinder social integration," and stressed, "To prevent incidents like the Seobu District Court Riot from happening again, it is necessary to quickly establish a legal response system."
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