Korea Media and Communications Commission (the “KMCC”) has pursued a broad range of initiatives under its vision of establishing a viewer and user‑centric digital and media environment. Recently, its key priorities have included enhancing platform accountability in relation to the dissemination of disinformation by issuing recommended self‑regulatory guidelines and operating a multi‑stakeholder consultative body, as well as reviewing amendments to the Act on Promotion of Information and Communications Network Utilization and Information Protection (the “Network Act”) to strengthen the regulatory framework governing disinformation.
Since 2024, multiple bills to amend the Network Act to curb the spread of disinformation have been introduced in the National Assembly. Building on these proposals, a consolidated amendment bill to the Network Act (the “Amendment”) was prepared and adopted at the plenary session of the National Assembly on December 24, 2025.
The Amendment introduces new definitions of “disinformation” and “large‑scale information and communications service provider,” and imposes various obligations on such large‑scale information and communications service providers, including obligations to prevent the dissemination of disinformation, to establish mechanisms for reporting and responding to such information, and to adopt and implement internal content governance policies on a self‑regulatory basis. In light of these developments, online platform operators are strongly advised to review the Amendment in detail and assess its implications for their operations.
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Disinformation
(Article 44-7(2) of the Amendment
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“Disinformation” means information that:
(1) is wholly or partly false (“false information”), or has been altered in such a way that it may be mistaken for fact (“manipulated information”);
(2) Is disseminated with the intent to cause harm to others or to obtain unjust profit, with the knowledge that the information falls under (1); and
(3) Infringes another person’s personality rights, property rights, or the public interest.
(However, satire or parody is excluded.)
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Large-Scale Information and Communications Service Provider
(Article 2(1)3-2 of the Amendment
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A “large-scale information and communications service provider” means an information and communications service provider that meets criteria, including the number of users and the type of services, as will be prescribed by Presidential Decree.
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The specific criteria for determining whether a service provider qualifies as a “large‑scale information and communications service provider” will be established by Presidential Decree at a later stage. It is anticipated that this category will primarily cover online service providers, such as social networking service providers, that have secured a substantial user base. Further details are expected to be clarified in the course of the KMCC’s rule‑making process for subordinate regulations. Service providers that may fall within the scope of a large‑scale information and communications service provider will be subject to the obligations described below. Accordingly, potentially in-scope providers should review the Amendment and begin preparing in advance to ensure compliance with these obligations.
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Reporting and Measures Regarding Illegal Information and Disinformation
(Articles 44-12(1) through (5) and 44-13 of the Amendment)
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Receipt of Reports and Notification: If a large-scale information and communications service provider receives a report concerning the circulation of illegal information or disinformation on an information and communications network that it operates or manages, it must notify the reporting party of the receipt of such report.
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Measures and Notification: A large-scale information and communications service provider may take any of the following measures in response to such report. In such cases it must notify both the reporting party and the poster of (i) the grounds for the measures taken and (ii) the procedures for filing an objection:
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Deleting or blocking access to the relevant information, or restricting the exposure of such information;
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Suspending or terminating of the poster’s account;
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Restricting on monetization, including advertising revenue;
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Restricting the payment of money, including suspending, terminating, or recovering payments;
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Suspending or terminating all or part of the service;
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Labelling the information as harmful to juveniles;
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Dismissing the report; and
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Taking other measures as prescribed in the large-scale information and communications service provider’s self-regulatory operational policies.
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Objection: The reporting party or the poster may file an objection, free of charge, against the measures taken by the large-scale information and communications service provider within six months from the date of receiving notification of such measures.
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Application for Dispute Resolution: The reporting party or the poster may request that the measures taken by the large-scale information and communications service provider be addressed through a dispute resolution procedure.
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Measures Against Abuse of Reporting System: If a large-scale information and communications service provider determines that the reporting party is abusing the reporting system (for example, by frequently submitting reports that are clearly groundless), it may, after providing prior notice, suspend the processing of reports from such reporting party for a reasonable period.
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Establishment of Self-Regulatory Operational Policies on Illegal Information and Disinformation
(Articles 44-12(6) and 44-12(7) of the Amendment)
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A large-scale information and communications service provider must, with reference to self-regulatory guidelines of organizations of information and communications service providers, establish self-regulatory operational policies regarding (i) the criteria for determining illegal information or disinformation and (ii) the receipt of reports and measures thereon. In formulating such policies, the provider must reflect the opinions of stakeholders, civil society organizations, experts, and other relevant parties.
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Publication of Transparency Reports
(Article 44-14 of the Amendment)
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A large-scale information and communications service provider must, at least once every six months, prepare a transparency report including the following matters that satisfies open-access criteria to be prescribed by Presidential Decree:
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Average daily user volume, revenue, type of business;
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Classification of types of reported illegal information and disinformation, the number of reports for each type, and the number of cases handled and measures taken accordingly;
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The number and outcomes of objections filed against measures taken by the large-scale information and communications service provider, and the handling of such objections;
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The content and number of orders or recommendations received from the KMCC and other state agencies concerning illegal information or disinformation, and the measures taken in response; and
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The types and number of items of information handled, and the measures taken, pursuant to the provider’s terms of service, or self-regulatory guidelines.
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Support for Fact‑Checking Activities Concerning Disinformation
(Article 44-16 of the Amendment)
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Establishment of Self-regulatory Policy: A large-scale information and communications service provider must establish and operate a self-regulatory policy on the handling of disinformation.
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Entry into Agreements: A large-scale information and communications service provider may enter into agreements with media organizations and other fact-checking organizations that comply with the international standards of fact-checking procedures, as prescribed by Presidential Decree, to promote fact-checking activities. Such agreements shall be made public.
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Reports and Incorporation: A fact-checking organization that has entered into an agreement with a large-scale information and communications service provider must publish a report on disinformation circulating within the information and communications network operated by the service provider, including verified facts and measures taken. The large-scale information and communications service provider may reflect such report in its services and must make public the fact that such reflection has been made so that users are informed.
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The Amendment has passed the plenary session of the National Assembly and will be forwarded to the government. It is scheduled to take effect six months after the date of its promulgation. Accordingly, if there is a possibility that a service provider may be classified as a large‑scale information and communications service provider, it should make necessary preparations before the Amendment enters into force.
[Korean Version]
