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Korea Communications Commission Announces its Work Plan for 2023

2023.02.28

On February 2, 2023, the Korea Communications Commission (“KCC”) announced its work plan for 2023, setting out the key policy goals it will pursue.  From the work plan, we can glean the direction of the KCC’s broadcasting and communications policy for 2023.  Below is a summary of the work plan.
 

Task

Details

Lay out long-term digital and media policy visions

  • Future-oriented and integrated media legislation: Pursue an integrated legislation for various media platforms (i.e., OTT, terrestrial broadcasters, cable TV) to support long-term growth (by December 2023).

Secure additional resources to support growth of media content

  • Improved contribution system: Amend the standards for contributions to the Broadcasting & Communications Development Fund; review the overall contribution system for improvement based on changes in the media environment, e.g., increased influence of OTT (from first half of 2023).

Build a foundation
to support Korean OTT service providers to become global leaders

  • Support global expansion: Hold the second Global OTT Forum (in September 2023); expand the scope of overseas markets included in the OTT usage analysis to develop strategies for global expansion of domestic OTT service providers (by December 2023).

Increase fairness and transparency of media

  • Secure transparency of portal news: Review establishing “Algorithm Transparency Committee” (by preparing a bill to amend the Network Act by December 2023).

  • Enhance reliability of partnership with portal news: Pursue a legislation to specify the role and requirements for the “Committee for Evaluation of Partnership with News Outlets,” which is independently operated by web portals (Naver and Kakao) (by amending the Network Act by December 2023).

Prepare a legislation
to promote a media environment with equal access for all citizens

  • Prepare a new legislation to allow underprivileged groups equal access to media (in 2023).

Build a system to protect users of digital services

  • Comprehensive plan to protect users of digital services: Establish a comprehensive plan to systematically and comprehensively protect users from new types of unfair business practices and consumer harm.

    Promotion of self-regulation of digital platforms: Establish a legal basis for the establishment of a private self-regulatory organization that promotes both innovative growth and user protection (by amending the Telecommunications Business Act (“TBA”), jointly with the Ministry of Science and ICT).

Strengthen market survey
in broadcasting and communications

  • Combat unfair practices by platform service providers: Review cases of damage suffered by platform users (e.g., damage from “dark patterns”); improve the regulatory system for platform service providers (e.g., by specifying unfair practices by platform service providers in the TBA) (by amending the TBA).

Establish a system
to combat illegal and harmful information in broadcasting and communications

  • Strengthen prevention of distribution of illegal sexual content: Develop measures to guarantee the “right to be forgotten” of victims of digital sex crimes.

  • Protection of minors in the broadcasting and communications ecosystem: Clarify the scope of individuals to be protected from “media harmful to youth” and introduce administrative penalties (by amending the Network Act).

Strengthen remedies
for consumer harm

  • Remedies for consumer harm from digital services: Strengthen user notification requirements to protect users from digital service interruptions and pursue improvements to the service terms and conditions to provide remedies to users (by amending the Enforcement Decree of the TBA).

  • Evaluation of protection of digital platform users: Conduct evaluations of user protection systems of value-added service providers (in the areas of search, social media, OTT, app market, shopping, personal broadcasting, mobility, second-hand goods trading, delivery).

Protect business users of app markets and platforms

  • Create a fair platform ecosystem: Investigate cases of unfair practices and damage experienced by business users of app markets and new types of online platforms (metaverse, recruitment, real estate) and review countermeasures.


In addition, the KCC announced it will consider amending the Location Information Act to require new location information service providers to only report instead of obtaining a license or registration, so as to lower the regulatory hurdle and promote the mobility industry.
 
We expect significant legal and regulatory changes based on the above work plan.  In particular, the work plan includes measures that could increase the burden on service providers, such (i) increasing the scope of businesses required to pay contributions to the Broadcasting & Communications Development Fund (which could cover OTT service providers), (ii) tackling unfair practices by platform service providers by supplementing the list of “prohibited acts” under the TBA, and (iii) requiring greater range of remedies for user damage.  Accordingly, we advise to follow the relevant developments and activities by the KCC.

 

[Korean Version]

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