Act on Promotion of Information and Communications Network Utilisation

The Act on Promotion of Information and Communications Network Utilisation and Information Protection governs the use of information and communications networks in South Korea. Originally enacted in 1997, the Act has been extensively amended to address cybersecurity, personal information protection, and online content regulation. The Act regulates internet service providers, online platforms, and the protection of users’ personal information online.

Legal area: Law governing the use of information and communications technology and the internet.

Year enacted: 1997

Full text: https://elaw.klri.re.kr/eng_service/law_view.do?hseq=south-korea-information-communications-network-act

Key Provisions

  • Chapter I: General provisions (network, users, providers)
  • Chapter II: Network utilisation (access, use, service provision)
  • Chapter III: Information protection (personal data, security)
  • Chapter IV: Online content regulation (illegal content, hate speech)
  • Chapter V: Cybersecurity (incidents, reporting, measures)
  • Chapter VI: Penalties and enforcement

Significance

The Information and Communications Network Act is a key statute in South Korea’s digital regulatory framework. The Act has been amended to address cyberbullying, online defamation, and the regulation of online platforms. South Korea has one of the world’s highest internet penetration rates. The Act’s personal information protection provisions have been strengthened to align with global data protection standards. The Act has been tested in landmark cases regarding online speech and the balance between free expression and protection from harm.