Broadcasting, Media, and Communications Committee Publishes User Protection Law Guide for AI Service Providers

"Acts Detrimental to User Interests and Failure to Notify Important Matters Prohibited"

Kim Jongchul, Chairman of the U.S. Visit Committee, Yonhap News Agency

On January 20, the Broadcasting, Media, and Communications Committee announced the release of the "Guide to Telecommunications-Related Laws on User Protection for Artificial Intelligence Service Providers," which analyzes telecommunications-related laws to address legal uncertainties arising from advances in artificial intelligence (AI) technology.

The guide contains an analysis of key provisions related to user protection in the Telecommunications Business Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection, from the perspective of applying them to AI services. While AI services can be categorized as value-added telecommunications services under the Telecommunications Business Act and as information and communications services under the Act on Promotion of Information and Communications Network Utilization and Information Protection, the complexity and diversity of service types and delivery methods have created uncertainty regarding the applicability of each law.

To address this and enhance regulatory predictability for service providers, since March of last year, the committee has reviewed domestic and international usage and legislative cases through a research group composed of experts from the Korea Information Society Development Institute (KISDI) and AI legal specialists, as well as external advisors.

According to the guide, AI service providers, as value-added telecommunications business operators, must not engage in acts that undermine user interests or fail to notify users of important matters, both of which are prohibited under the Telecommunications Business Act.

Regarding the prevention of illegal and harmful information distribution under the Act on Promotion of Information and Communications Network Utilization and Information Protection, the guide closely examines the concept of "distribution" and points out that this issue is also important for AI services. However, it notes that the applicability of the law may vary depending on how AI services are used.

The guide also suggests directions for improvement tailored to the relevant service environment to ensure there are no gaps in user protection policies for AI service providers. The guide can be downloaded from the committee's website.