NATIONAL ASSEMBLY RESEARCH SERVICE

글자 확대 기본 글자크기 글자 축소

Publications

Research Report

Analysis on the Legislative Impact of the Interim Measures Regulation under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

2013.12.18

Category - Issue Brief

  • [View]
  • [Download]

There has been an argument that a paradigm shift in the internet contents regulation is required when the Constitutional Court made a decision on unconstitutionality of the imposition of the real-name system under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc (hereinafter the “Act on Information and Communication). In general, it claims that in the light of the fact that it regulates the expression, there shall be a shift towards the self-regulation led by the private sector, rather that the government regulation.

In this circumstances, it is expected that the ‘provisional take-down system’ incentivizing the intermediaries to block content under Article 44(2) and (3) of the Act on Information and Communication will be the most widely used measure of self-regulation. While the provisional take-down system was held constitutional on 31 May 2012 by the Constitutional Court, it still has been questioned. The present report has made an legislative impact assessment of the provisional take-down system.

This report suggested several legislative alternatives, including firstly, the establishment of appeal procedure by the publisher; secondly, pre or on-time application for legal procedure to prevent abuse of the provisional take-down system; thirdly, the set up of requirements of amnesty for internet service providers, etc.

Korea Open Government License

페이스북 새창에서 열림 트위터 새창에서 열림