On April 23, 2020, the Korean government announced the “Digital Sex Crime Eradication Plan” to (i) increase penalties against digital sex crimes (such as the production of inappropriate contents including illegally filmed sexually exploitative materials) and (ii) reinforce the duties of Internet service providers to prevent the distribution of such inappropriate contents.

Due to the recent emergence of new types of digital sex crimes, such as the “Nth Room” case¹, the government established a comprehensive plan to eradicate digital sex crimes with the help of a joint civilian-government task force consisting of civilian experts as well as nine related government bodies, which include the Ministry of Science and ICT (Information and Communications Technology) and the Korean Communications Commission (the “KCC”).

The key takeaways of the Digital Sex Crime Eradication Plan are as follows:

1.   Expansion of Scope of Internet Service Providers Subject to Duty to Implement Technical Measures to Prevent Distribution of Sexually Exploitative Materials

Currently, the duty to implement technical measures (e.g., deleting or blocking access to sexually exploitive materials in order to prevent the distribution of such materials) is imposed only on web hard service providers.  However, the government announced that it will impose the duty on all Internet service providers, including value-added service providers (“VSPs”) under the Telecommunications Business Act (the “TBA”).

2.   Expansion of Scope of Sexually Exploitative Materials That Must Be Deleted by Internet Service Providers

Currently, the type of sexually exploitative materials that must be deleted by Internet service providers upon discovery is limited to illegally filmed materials.  However, the government announced that it will require Internet service providers to delete all types of sexually exploitative materials, including illegally edited materials and sexually exploitative materials of children and minors.

3.   Introduction of Penalty Fee

The government stated that in order to strengthen the Internet service providers’ duty to prevent the distribution of sexually exploitative materials, it will introduce a penalty fee (which is a harsher penalty than the current administrative fine) against any violation of such duty.

4.   Introduction of Extraterritorial Applicability

The government also announced that it will introduce extraterritorial applicability to impose the duty to prevent the distribution of illegal information under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (the “Network Act”) on overseas service providers as well.

During the plenary session held on May 20, 2020, the National Assembly approved a proposed partial amendment to the TBA that expands the duties of VSPs to implement technical measures, by (i) adding illegally edited materials and sexually exploitative materials of children and minors (collectively, “Illegally Filmed Materials”) to the scope of materials of which VSPs must prevent distribution, e.g., by deleting or blocking access immediately upon discovery, and (ii) requiring VSPs prescribed by the presidential decree to implement technical and administrative measures to prevent the distribution of Illegally Filmed Materials. 

During the same session, the National Assembly also approved a proposed partial amendment to the Network Act which imposes information network service providers prescribed by the presidential decree (i) a duty to designate a person responsible to prevent the distribution of Illegally Filmed Materials and (ii) a duty to submit a transparency report on how such Illegally Filmed Materials are dealt with to the KCC, and introduces extraterritorial applicability to such duties.

Implications

The amended TBA and the Network Act will become effective six months after their proclamation.  While the scope of service providers that might be subject to new duties and details of the mandatory measures will be stipulated by a presidential decree, the amendments greatly expanded the duties imposed on VSPs and information network service providers.  Please note that failure to perform such duties may lead to a criminal punishment or an administrative fine.

Furthermore, we expect that, in line with the government’s Digital Sex Crime Eradication Plan, the government and the National Assembly will more strongly push for policies to eradicate digital sex crimes.  Therefore, we recommend that affected service providers pay constant attention to the legislative process of any follow-up laws or subordinate regulations.