South Korea Defines 'Major Online Information Producers' for Punitive Damages
Quick Look
- South Korea's new decree defines 'major online information producers' who can be sued for punitive damages over fabricated content.
- Individuals with over 100k subscribers/views posting 3+ pieces of content in 3 months are included.
- Platforms with 1M+ daily users must implement reporting systems.
AI-generated summary
Why It Matters
South Korea has introduced an enforcement decree that clarifies who can be held liable for punitive damages related to illegal and fabricated information spread on online platforms.
The enforcement decree spells out who can be sued for punitive damages over illegal and fabricated information.
Individuals on online platforms such as YouTube or TikTok who have posted at least three pieces of content over the past three months and either have more than 100,000 subscribers or average more than 100,000 monthly views in that period will fall under the definition of major online information producers.
If they are found to have deliberately spread false information that causes harm to obtain an unfair advantage, judges can impose damages of up to five times the proven loss. What can be considered an unfair advantage encompasses not just economic gains, but also intangible benefits such as expanding social or political influence.
Meanwhile, platforms with more than 1 million daily active users on average over the last three months are required to operate reporting and monitoring systems. Once a complaint is received, they must verify it through the new transparency centre under the state-run Korea Media and Communications Commission.
Open Questions
- How will 'deliberately spread false information' be proven?
- What specific 'intangible benefits' will be considered?
- How will the transparency centre verify complaints?
