Sharing False Information: How Far Does Liability Go? Q&A on the Amended Information and Communications Network Act

Kim Hyun-soo, Attorney at Daeryun LLC

As the amended Act on Promotion of Information and Communications Network Utilization and Information Protection (Act No. 21305) took effect on the 7th, a system to respond to online false and manipulated information goes into full operation. The core of this amendment is to prevent the repeated circulation of false and manipulated information and to strengthen victims' means of remedy.

In particular, while the responsibility of large platforms and information posters who repeatedly circulate false and manipulated information for profit has been strengthened, ordinary users may also face existing defamation or damages liability in the process of posting or sharing unverified information, so it is necessary to be aware of the changing standards.

Kim Hyun-soo, attorney at Daeryun LLC, advised, "As the responsibility of platforms and professional posters has become heavier, strict legal standards may also be applied to ordinary users who participate in spreading false facts," and "Care must be taken so that a careless share or comment does not lead to a dispute."

The following is a Q&A with attorney Kim Hyun-soo of Daeryun LLC.

- Does this amendment to the Information and Communications Network Act change ordinary users' SNS use?

▲ This amendment is not intended to restrict ordinary users' SNS activity but aims to strengthen the responsibility of information posters who repeatedly circulate false and manipulated information for profit and of large platforms with media functions. If one intentionally spreads false and manipulated information and causes damage, damages liability of up to five times the amount of damage is imposed, and if one repeatedly circulates information subject to a final judgment, a penalty surcharge of up to 1 billion won may be imposed—but this targets posters above a certain scale, and ordinary users do not immediately become subject to it. However, acts that infringe on others' rights not through private conversations between individuals but by posting unverified information on SNS or using group chat rooms may give rise to civil and criminal liability.

- Can I be liable even for a post I uploaded believing it to be true?

▲ In practice, it is judged not only whether one knew the fact was false but also how much fact-checking was done before posting. If you posted based only on an anonymous community post or a screen capture of unclear origin, 'substantial grounds to believe it to be true' may not be recognized. Conversely, if you went through a verification process based on objective materials such as media reports or public agency data, it is expected to be an important factor in the liability judgment. If you learn after posting that the content differs from the facts, immediately correcting or apologizing and keeping the referenced materials will help in responding to a dispute.

- Can legal liability arise even if I only commented or shared?

▲ Merely commenting or sharing a post does not by itself make you subject to aggravated damages under the amended law. However, if you knowingly and repeatedly spread false facts or shared content that lowers a specific person's social evaluation, not only may damages liability under the amended Information and Communications Network Act be at issue, but existing criminal defamation, insult, and civil damages liability may also be at issue. In particular, since there are cases where it is difficult to avoid liability merely by claiming "I only shared it," a habit of checking the original source and the truth before sharing is necessary.

- What should I do if I posted content that could be problematic and was reported?

▲ First, being reported does not immediately mean the content is confirmed as false and manipulated information or that you will be punished. In this amended law too, 'intent' is an important judgment factor. Posting false information out of mere mistake or misunderstanding and repeatedly circulating it while knowing it is false may be legally evaluated differently. Also, deleting a post does not make legal liability disappear. If a screen capture, URL, or posting record has already been secured, it can be used as evidence. If you have confirmed the content is false, it is advisable to promptly correct or apologize to prevent the spread of harm, and if a dispute is anticipated, organize the circumstances of the posting and fact-checking materials and respond with the help of a legal expert. Conversely, under the amended statute, anyone can secure evidence such as the post's URL and screen captures of false and manipulated information and report it to the platform operator (large information and communications service provider), and if damage results, may consider a civil damages claim or criminal complaint.

- What is the SNS usage habit ordinary users should change first?

▲ The most important thing is not to assert unverified information as if it were fact or to share it carelessly. AI-synthesized/edited images or videos, posts inciting hatred or discrimination, screen captures of unclear origin, or exposé posts from anonymous communities should not be posted or shared until the facts are confirmed. In particular, reprocessing or repeatedly spreading sensational content for the sake of views or topicality can lead to legal disputes. Since this amended law is a system prepared with the aim of preventing harm, the habit of double-checking the facts and source before posting is the most effective way to prevent legal disputes.

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Sharing False Information: How Far Does Liability Go? Q&A on the Amended Information and Communications Network Act (Go to link)