[Column] The n번방 Prevention Law: The Key Issue Is Not the 'Censorship Controversy'
[Asia Economy Reporter Song Seung-yoon] The so-called ‘Nth Room Prevention Act’ (Amendments to the Telecommunications Business Act and the Information and Communications Network Act), established to block the distribution of sexual exploitation materials, is sparking heated controversy over ‘censorship.’
Since the law came into effect on the 10th, claims have emerged mainly from some online communities that videos unrelated to sexual exploitation materials were censored or accounts were even blocked. The controversy escalated into accusations that the government is conducting private censorship. On KakaoTalk, ‘test rooms’ to check censorship criteria have proliferated rapidly. The political sphere has also joined the debate. Yoon Seok-yeol, the presidential candidate of the People Power Party, stated that the law “instills a ‘fear of censorship’ in the vast majority of citizens” and expressed his intention to push for a legal revision. Conversely, Lee Jae-myung, the presidential candidate of the Democratic Party, emphasized the need for strict legal application, saying “all freedoms and rights have limits.”
The Nth Room Prevention Act applies to domestic internet service providers with annual sales exceeding 1 billion won or an average daily user count of over 100,000, including domestic portals such as Naver and Daum, KakaoTalk, and online communities, as well as overseas providers with domestic agents such as Google, Facebook, and Twitter. The act employs a standard filtering technology for illegal filming materials developed by the Electronics and Telecommunications Research Institute (ETRI). This method compares the government’s database of illegal filming materials with videos uploaded by users to verify whether the content is illegal. While some describe this as censorship, others argue that it is unreasonable to consider the technical filtering of already illegal videos as censorship. It does not involve ‘looking into’ each video uploaded by users.
However, the industry has continuously pointed out that the filtering technology has not been sufficiently verified. If technical flaws persist, unnecessary misunderstandings are inevitable. There is also a need to address the legal gap where overseas providers such as Telegram, identified as the main culprit in the Nth Room case, are not subject to the law.
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The essence lies in how the Nth Room Prevention Act is established. The distribution of sexual exploitation materials must be stopped to prevent second and third Nth Room incidents. Rather than engaging in fruitless debates, discussions should first focus on how to fill the gaps where this law does not reach. More active discussions are needed on how to respond to digital sex crimes that are always one step ahead and continuously evolving beyond the law’s enforcement. Whether through legal amendments or the introduction of new technologies, the reason this law was created must not be forgotten.
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