Every time an accident occurs, 法발... Seven related bills remain indefinitely pending

Inescapable Prison 'Cyberbullying'

<China> 'Stagnant' Related Legislation

Submission Practically Impossible in First Half of This Year
Ruling and Opposition Parties Differ on Freedom of Expression
Experts Urge Preliminary Discussion Before Legislation

[Asia Economy Reporters Byungseon Gong and Sehee Jang] Despite promises from politicians and the government to devise measures to prevent harm caused by cyberbullying (online harassment), no concrete timeline has been set.

On the 10th, an analysis of the National Assembly’s Legislative Information System by Asia Economy revealed that seven bills aimed at preventing cyberbullying under the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (abbreviated as the Information and Communications Network Act)” have been proposed since the 21st National Assembly.

Of these, six are currently pending in the subcommittee for bill review within the standing committee, and one is pending in the full standing committee meeting. For the amendment to be enacted, it must pass through the subcommittee, the full standing committee, the Legislation and Judiciary Committee, and then be presented to the plenary session. Considering the election schedule, it is practically impossible for this to happen in the first half of this year.

A representative from the National Assembly’s Science, Technology, Information and Broadcasting and Communications Committee stated, "Since the passage of the Nth Room Prevention Act in 2020, discussions on bills related to cybercrime have not been very active," adding, "With elections approaching, there are limitations to actively discussing policy legislation."

Most of the proposed amendments from both ruling and opposition parties include provisions for punishing malicious commenters, deleting posts, and granting victims the right to request deletion, but there are also contentious issues.

The amendment proposed by Park Dae-chul, a member of the People Power Party, includes displaying user IDs and Internet Protocol addresses and imposing a fine of 30 million KRW for violations. However, there is a difference in opinion between the ruling and opposition parties regarding freedom of expression. Park said, "There have been two recent unfortunate incidents that have attracted significant media attention," adding, "If we miss this timing, it will be difficult to discuss again, so we will try to find a consensus between the parties."

Legislation Should Not Be 'Just Proposed'... Requires Theoretical Review

Experts call for ‘discussion first, legislation later.’ Professor Jeong Wan of Kyung Hee University Law School said, "If we think simply that we can fix problems by partially amending laws every time a major social incident occurs, problems may arise," adding, "Especially when laws are made in response to specific incidents, there can be cases where the provisions do not fit when applied to other incidents in the future." He emphasized, "Considering that laws cannot be applied retroactively, the provisions should be carefully refined through sufficient theoretical review before being proposed, and thereafter, active public discourse and discussion are necessary."

Professor Song Jae-ryong of Kyung Hee University’s Department of Sociology also stated, "Basically, freedom of expression should be recognized, and the law should be applied only when it is determined that significant damage has been caused."

The Ministry of Science and ICT, the competent authority, is also only conducting follow-up measures for prevention. This year, due to the impact of COVID-19, statistical surveys have been delayed by about a month compared to previous years.

A representative from the Ministry of Science and ICT said, "Due to COVID-19, face-to-face surveys have been difficult, but new statistics are expected to be released around mid-next month," adding, "We are conducting preventive education mainly for inmates related to cyber violence at the Ministry of Justice’s probation offices."

The Ministry can request the deletion of posts violating review regulations, but overseas platforms such as YouTube, Facebook, and Instagram are not obligated to comply and have no reason to explain non-compliance.

Professor Koo Jung-woo of Sungkyunkwan University’s Department of Sociology said, "There is a need to strengthen monitoring of information and communication providers," adding, "Since Naver and Kakao hold the data, one possible approach is to issue warnings at appropriate times only to those who repeatedly engage in inappropriate behavior."

This content was produced with the assistance of AI translation services.