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Major AI-Related Legal Framework Revisions and Legislative Amendments on Disinformation

2026.10.19

Currently, major legal frameworks related to artificial intelligence (“AI”) are being revised, including the Framework Act on the Development of Artificial Intelligence and Establishment of Trust (the “AI Basic Act”) and the Personal Information Protection Act (the “PIPA”). Further, the amended Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the “Network Act”), which prohibits the distribution of disinformation online and imposes obligations on large-scale information-sharing platforms to prevent such distribution, came into effect on July 7, 2026.
 

1.

Publication of AI Basic Act Helpdesk Casebook

After the AI Basic Act became effective on January 22, 2026, the Ministry of Science and ICT (the “MSIT”) published the AI Basic Act Helpdesk Casebook on March 31, 2026. Key highlights include:
 

  • Subject Entities and Scope of Application
     

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Business operators subject to the AI Basic Act are evaluated on a service-by-service basis. Entities that merely generate content using a third-party’s AI services are not subject to the AI Basic Act.
 

  • Methods for Complying With Transparency Obligations
     

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There are no fixed formats for labels or watermarks indicating AI-generated content, and invisible watermarks may be used for artistic or creative work. However, when using only invisible methods, a separate notice (in text or by audio) must be provided to users at least once.
 

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The mere inclusion of “AI” in a service name does not exempt the provider from the prior notice obligation.
 

In addition to the AI Basic Act and its relevant laws, regulations and interpretative standards, which will continue to be updated, there are other notable legislative developments regarding AI, such as the bill currently pending at the National Assembly that would require AI-generated content to be labeled during the distribution phase.
 

2.

Introduction of Special Provision for AI to Personal Information Protection Framework

On August 20, 2026, the National Assembly’s plenary session passed an amendment to the PIPA, introducing a special provision that allows, when necessary for the development or improvement of AI technologies, previously lawfully collected personal data to be processed beyond the scope of its original purpose, provided that such use is deemed necessary and has undergone deliberation and resolution by the Personal Information Protection Commission (the “PIPC”).

To qualify for this special provision under the amended PIPA, three requirements must be met: (i) difficulty in anonymization or pseudonymization, (ii) implementation of safeguards, and (iii) legitimacy of purpose and a low risk of infringement. The PIPC will regularly monitor and oversee compliance for deliberated and resolved matters, and may request the submission of relevant materials for this purpose.

Companies considering utilizing this special provision should prepare for follow-up legislative developments, including specific guidance on safety measures.

 

3.

Enforcement of Amended Network Act to Prevent Distribution of Disinformation

The amended Network Act, which prohibits the distribution of disinformation through information and communications networks, and imposes an obligation on large-scale information and communications service providers to prevent such distribution, became effective on July 7, 2026. Key details of the amendment are as follows.
 

  • Prohibition on Distribution of Disinformation
     

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If a person whose business involves delivering facts or opinions to an unspecified number of people through an information and communications network (e.g., YouTube) repeatedly distributes information, even after it has been confirmed as illegal information or disinformation, the Korea Media and Communications Commission (the “KMCC”) may impose an administrative surcharge of up to KRW 1 billion. Further, those who meet certain requirements will also be liable for aggravated damages.
 

  • Scope and Obligations of Large-Scale Information and Communications Service Providers
     

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Scope: An information and communications service provider that (i) has a daily average of one million or more users during the three months immediately preceding the end of the previous year, and (ii) provides services for communication and information exchange between users (e.g., social networking services, online communities) or services that allow users to post, transmit, watch, read and share information (e.g., video-sharing services).
 

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Obligations: Upon receiving a report on disinformation or illegal information that includes (i) the specific location of the information identified as illegal or disinformation, (ii) the reasons for the information’s illegality or classification as disinformation, (iii) evidence supporting the details of the report, and (iv) the reporter’s name and contact information, the service provider must process the report in accordance with its self-regulatory operational policy that reflects the opinions of stakeholders, civic groups and experts.
 

Going forward, the KMCC plans to review the platforms’ self-regulatory operational policies and their actual implementation status, and to request cooperation from providers that lack sufficient reporting mechanisms.
 

As the regulatory environment surrounding AI gradually takes shape, companies should examine relevant developments to establish their compliance frameworks. In addition, large-scale information-sharing platforms should keep a close eye on the KMCC’s law enforcement trends to concretize any necessary measures to be taken regarding disinformation.

 

[Korean Version]

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