Korean Version of the 'Digital Services Act' Discussions Intensify: "A New Law Is Needed"

Holding a DSA Forum to Strengthen Digital User Rights

Recently, the European Union (EU) enacted the 'Digital Service Act (DSA)' to protect digital service users, sparking discussions in South Korea about the need for similar legislation. The aim is to safeguard the rights of digital service users and strengthen platform responsibilities to prevent the spread of misinformation and harmful content.

On the 16th, a legislative forum titled "Korean Version of the DSA for Strengthening Digital Service User Rights" was held at the National Assembly Members' Office Building in Yeouido, Seoul.

On the 16th, participants of the 'Korean Version of DSA Legislative Debate for Strengthening Digital Service User Rights' are taking a commemorative photo.
[Photo by Oh Su-yeon]

Globally, the necessity to protect digital service users' rights has been increasingly recognized. Notably, the EU adopted the DSA to guarantee users' rights in the digital service environment. This legislation targets big tech companies such as Google, YouTube, Facebook, and Twitter, explicitly banning dark patterns (deceptive design tactics) and enhancing transparency in personalized advertising. It was introduced to strengthen the accountability of major platforms that have neglected the spread of illegal and harmful content. In particular, it also imposes responsibility for the distribution of AI-generated information that can spread falsehoods.

The forum was held to build social consensus in South Korea for enacting legislation similar to the EU's DSA. Professor Kim Kwang-soo of Sogang University Law School, the first presenter, explained that the EU DSA focuses on ▲platform operators' self-regulation ▲handling user complaints ▲disclosure of user information exposure criteria ▲user consent for access to information ▲protection from personalized advertising ▲child protection. Professor Kim stated, "Although some provisions partially regulate these issues under the Telecommunications Business Act and the Information and Communications Network Act, these are insufficient. Because they are not suitable for regulating the new platform environment, a new fundamental law is necessary."

Following this, Kim Hyun-soo, Senior Research Fellow at the Korea Information Society Development Institute (KISDI), introduced the main contents and significance of the EU DSA. Kim said, "The DSA establishes a systematic regulatory framework covering the entire platform operation method. In South Korea, discussions have mainly focused on regulating marketplace sellers (P2B), but ensuring a safe, predictable, and trustworthy online environment from the consumer (P2C) perspective not only enhances user rights but also contributes to fair competition and innovation promotion." He also emphasized the need for regulatory authorities to have substantial monitoring powers to resolve information asymmetry between operators and regulators.

The subsequent discussion was chaired by Professor Lee Byung-jun of Korea University Law School. Participants agreed on the need to protect digital service users. Jung Ji-yeon, Secretary-General of the Korea Consumer Federation, stated, "What is important for protecting digital service users is to increase trust through proactive prevention of consumer harm and relief of damages. To achieve this, the responsibility, fairness, and transparency of platforms must be strengthened."

The government has not yet conducted a detailed review of legislation. Shin Young-gyu, Director of User Policy at the Korea Communications Commission, said, "The government's policy focus is to support the effective operation of self-regulatory bodies." He added that before legislation, indirect support should be provided to ensure smooth self-regulation by platforms. He also noted, "When legislative consensus is formed, existing laws should be reviewed first. If insufficient, legislation can be considered, but a thorough review of current laws is necessary."

Jeong Pil-mo, a member of the Democratic Party of Korea, said, "In principle, it is most desirable to leave matters to market autonomy, but platforms abuse their dominant position over marketplace sellers through data monopolies. Dark patterns and personalized services do not obtain user consent." He emphasized, "This cannot be left to market autonomy alone. Responsibilities and authorities must be clearly defined through legislation, and within that framework, autonomy should be entrusted."

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