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Preventing Rights Infringement on Information and Communications Networks
Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., Article 44 (Protection of Rights on Information and Communications Networks)
① Users shall not distribute information on information and communications networks that infringes upon the rights of others, such as privacy violations or defamation.
② Information and communications service providers shall endeavor to prevent the distribution of information under Paragraph 1 on the networks they operate or manage.
Deletion and Temporary Measures for Infringing Content
Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., Article 44-2 (Request for Deletion of Information, etc.)
① If a person's rights, such as privacy or reputation, are infringed upon by information provided for public disclosure through an information and communications network, the victim may request the information and communications service provider that processed the information to delete it or post a rebuttal (hereinafter referred to as "deletion, etc.") by substantiating the infringement. In such cases, the person requesting deletion, etc. (hereinafter referred to as the "applicant") may specify the means, such as text message or email, by which they wish to be notified of the progress and results. The person who posted the information (hereinafter referred to as the "poster") may also pre-designate the means by which they wish to be notified of measures taken under Paragraph 2. <Amended Mar. 22, 2016; Jan. 3, 2023>
④ Notwithstanding a request for deletion under Paragraph 1, if it is difficult to determine whether rights have been infringed or if a dispute between interested parties is expected, the information and communications service provider may take measures to temporarily block access to the information (hereinafter referred to as "temporary measures"). In such cases, the duration of the temporary measures shall not exceed 30 days.
Deletion and Temporary Measures for Infringing Content
Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., Article 44-2 (Request for Deletion of Information, etc.)
① If a person's rights, such as privacy or reputation, are infringed upon by information provided for public disclosure through an information and communications network, the victim may request the information and communications service provider that processed the information to delete it or post a rebuttal (hereinafter referred to as "deletion, etc.") by substantiating the infringement. In such cases, the person requesting deletion, etc. (hereinafter referred to as the "applicant") may specify the means, such as text message or email, by which they wish to be notified of the progress and results. The person who posted the information (hereinafter referred to as the "poster") may also pre-designate the means by which they wish to be notified of measures taken under Paragraph 2. <Amended Mar. 22, 2016; Jan. 3, 2023>
④ Notwithstanding a request for deletion under Paragraph 1, if it is difficult to determine whether rights have been infringed or if a dispute between interested parties is expected, the information and communications service provider may take measures to temporarily block access to the information (hereinafter referred to as "temporary measures"). In such cases, the duration of the temporary measures shall not exceed 30 days.
Cyber Defamation
Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., Article 70 (Penal Provisions)
① Any person who publicly reveals facts through an information and communications network with the intent to defame another person shall be punished by imprisonment for up to 3 years or a fine of up to 30 million won.
② Any person who publicly reveals false facts through an information and communications network with the intent to defame another person shall be punished by imprisonment for up to 7 years, suspension of qualifications for up to 10 years, or a fine of up to 70 million won.
Voluntary Temporary Measures by Platforms
Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., Article 44-3 (Voluntary Temporary Measures)
① An information and communications service provider may voluntarily take temporary measures if it determines that information distributed on the network it operates or manages infringes upon the rights of others, such as through privacy violations or defamation.
Laws Regarding Trademark and Logo Infringement
Trademark Act, Article 107 (Right to Demand Prohibition of Infringement, etc.)
① A trademark holder or exclusive licensee may demand that a person who infringes or is likely to infringe upon their rights cease or prevent such infringement.
② When a trademark holder or exclusive licensee makes a demand under Paragraph 1, they may request the destruction of objects that constitute the infringement, the removal of facilities used for the infringement, or other necessary measures.
③ If a lawsuit is filed to demand the cessation or prevention of infringement under Paragraph 1, the court may, upon the request of the plaintiff or complainant (only applicable if a public prosecution has been filed under this Act), order temporary measures such as the prohibition of the infringing act, the seizure of objects used in the infringement, or other necessary actions. In such cases, the court may require the plaintiff or complainant to provide security.
Deepfake Sexual Content
Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 14-2 (Distribution, etc. of False Images)
① Any person who edits, synthesizes, or processes (hereinafter referred to as "editing, etc.") a photograph, video, or audio recording of a person's face, body, or voice (hereinafter referred to as "images, etc.") against the will of the subject in a manner that may cause sexual desire or humiliation shall be punished by imprisonment for up to 7 years or a fine of up to 50 million won. <Amended Oct. 16, 2024.>
② Any person who distributes, etc. the edited, synthesized, or processed materials (hereinafter referred to as "edited materials, etc.") or copies thereof (including copies of copies; hereinafter the same shall apply) under Paragraph 1, or who distributes, etc. such edited materials, etc. or copies thereof against the will of the subject even if the initial editing, etc. was not against the subject's will, shall be punished by imprisonment for up to 7 years or a fine of up to 50 million won. <Amended Oct. 16, 2024.>