The amended Act on Promotion of Information and Communications Network Utilization and Information Protection (the “Amended Network Act”), which prohibits the dissemination of disinformation through information and communications networks and imposes obligations on large-scale information and communications service providers to prevent such dissemination, took effect on July 7, 2026 (Link). Following the Amended Network Act’s entry into force, any business that engages in promotional activities through a website, YouTube channel, or other social networking services may become subject to sanctions if any disinformation is disseminated through its channels. In particular, the Korea Media and Communications Commission (the “KMCC”) issued a legislative notice (Link) on a proposed amendment to the Enforcement Decree of the Amended Network Act (the “Amended Enforcement Decree”), which gives concrete form to the Amended Network Act, and resolved to adopt the Amended Enforcement Decree on June 29, 2026.

The Network Act previously regulated the dissemination of illegal information (such as information harmful to juveniles) through information and communications networks. The Amended Network Act expands the scope of regulated information to include false information (information that is wholly or partially false) and manipulated information (information that has been altered so as to be mistaken for fact) (together, “disinformation”), and provides that a person who causes damage to another person through the dissemination of disinformation shall be liable for damages, while easing the victim’s burden of proving the existence of such damages. In addition, if a person who, in the course of the person’s business, transmits facts or opinions to an unspecified number of persons through an information and communications network repeatedly disseminates information that a court has already determined to constitute illegal information or disinformation, the KMCC may impose an administrative surcharge of up to KRW 1 billion on such person.

Please see below for a more detailed summary of the Amended Enforcement Decree.
 

• A person who (1) has posted a total of three or more pieces of information during the preceding three months and has earned revenue through advertising, sponsorship, or other means, and (2) (a) has 100,000 or more subscribers or persons deemed equivalent thereto, or (b) has an average monthly aggregate view count of 100,000 or more for all pieces of information such person posted during the preceding three months.
   

• Scope of Persons: A person who, after a judgment determining information to constitute illegal information or disinformation has become final and conclusive, disseminates such information through an information and communications network on two or more occasions, and who, at the time of such dissemination on two or more occasions, has posted a total of three or more pieces of information during the preceding three months and has earned revenue through advertising, sponsorship, or other means;

• Method of Calculation: Depending on the severity of the violation, the base surcharge amount will be sequentially adjusted by mandatory aggravating factors and additional aggravating or mitigating factors to arrive at the final surcharge amount to be imposed.
   

In addition, the Amended Network Act imposes the following obligations on “large-scale information and communications service providers,” which are service providers meeting certain criteria as described further below:
 

• Establishing and operating procedures for receiving reports of illegal information and disinformation and for taking measures on, and providing receipt notice of, such reports;

• Establishing self-regulatory operational policies regarding the criteria for determining illegal information and disinformation and the handling of reports pursuant to such policies;

• Preparing and publishing transparency reports on the handling of illegal information and disinformation; and

• Supporting fact-checking activities regarding disinformation, including by entering into agreements with fact-checking organizations.
   

The Amended Enforcement Decree further specifies the scope of “large-scale information and communications service providers” and matters relating to such providers’ compliance with the foregoing obligations as follows:
 

• Services for facilitating communication and information exchange among users, such as social networking services and online communities; or

• Services that enable information to be posted or transmitted for viewing, reading, or sharing, such as video sharing services.
   

• The specific location of the information being reported as illegal information or disinformation, such as a URL;

• The content of such information and the reasons why it constitutes illegal information or disinformation;

• Supporting evidence substantiating the content of the report; and

• The reporting party’s name (in the case of a corporation or organization, its name and the name of its representative) and contact information (such as a phone number and email address).
   

Given the above, businesses providing services that facilitate communication or the exchange of information among users should proactively assess whether they may qualify as a “large-scale information and communications service provider” based on their number of users and the nature of their services. Businesses that may fall within this category should prepare in advance to comply with the obligations relating to the prevention of the dissemination of disinformation under the Amended Network Act and the Amended Enforcement Decree.

[Korean Version]