Internet censorship in South Korea

Internet censorship in South Korea is similar to other developed countries but contains some unique elements such as the blocking of pro-North Korea websites, which led to it being categorized as "pervasive" in the conflict/security area by OpenNet Initiative. It is also unique among developed countries to block pornography and material considered harmful to minors as they are illegal by law. However, this law is very loosely applied with many pornography websites and nudity content still freely accessible. It also does not apply to social media websites, which is a common source of "legal" pornography in South Korea.[1]

Background

Throughout the internet age, South Korean government’s Internet censorship policies have been transformed dramatically. According to Michael Breen, censorship in South Korea is rooted in the South Korean government's historical tendency to see themselves as "the benevolent parent of the masses".

However, anonymity on the internet has undermined the system of Korean honorifics and social hierarchies, making it easier for South Koreans to subject political leaders to "humiliation".[2] The South Korean internet censorship can be broken down into three periods.

In the first period, from 1995 to 2002, the government passed the Telecommunications Business Act (TBA), which was the first internet censorship law in the world.[3] The act created a body called Internet Communications Ethics Committee (ICEC), who monitored Internet and made recommendations for content to be removed. The ICEC pursued criminal prosecutions of those who make unlawful statements and blocked several foreign websites. In the first eight months of 1996, ICEC roughly took down 220,000 messages on Internet sites.[3]

The second period, from 2002 to 2008, the government passed a revision of the TBA legislation.[4] This allowed the ICEC to engage in more sophisticated internet policing and allowed other bureaucratic entities to monitor the internet for illegal speech or take down websites that violate the laws. During this time, there was a political drive to increase extensive internet censorship with large number of cases of suicide beginning to rise from online rumors. In 2007, over 200,000 incidents of cyberbullying were reported.[5]

The third period started in 2008, when the presidential election of President Lee Myung-bak inaugurated major reforms in the broadcast censorship. In 2008, the South Korean government passed a law that created a new agency called the Korea Communications Standards Commission (KCSC).[5] The KCSC is South Korea’s Internet censorship body and replacing the ICEC. The KCSC was created to regulate internet content. The first major change by the Lee Myung-bak government was to require websites with over 100,000 daily visitors to require their users to register their real name and social security numbers.[5] A second change made by the government was to allow KCSC to suspend or delete any web posting or articles for 30 days as soon as the complaint is filed. The reasons for the new law was to combat cyberbullying in South Korea. Every week, portions of the South Korean web are taken down by the KCSC. In 2013, around 23,000 South Korean webpages were deleted and another 63,000 blocked by the KCSC.[6]

South Korea's government maintains a broad-ranging approach toward the regulation of specific online content and imposes a substantial level of censorship on election-related discourse and on a large number of websites that the government deems subversive or socially harmful.[7] Such policies are particularly pronounced with regard to anonymity on the Internet. The OpenNet Initiative classifies Internet censorship in South Korea as pervasive in the conflict/security area, as selective in the social area, and found no evidence of filtering in the political and Internet tools areas.[7] In 2011 South Korea was included on Reporters Without Borders list of countries Under Surveillance.[8] This designation persisted in 2012, where the report suggests South Korea's censorship is similar to those of Russia and Egypt.[2]

Relevant laws

During the military dictatorships of Park Chung-hee and Chun Doo-hwan (1961-1987), anti-government speech was frequently suppressed with reference to the National Security Act (NSA, 1948) and the Basic Press Law (1980). Although the Basic Press Law was abolished in 1987, the NSA remains in effect.[9] The government has used other "dictatorship-era" laws in order to prosecute critics in contemporary contexts; for example a law against the spreading of "false rumors" was used to charge a teenage protestor during the 2008 US beef protest in South Korea.[2]

According to the Telecommunication Business Law, three government agencies in South Korea have responsibility for Internet surveillance and censorship: the Broadcasting Regulation Committee, the Korea Media Rating Board, and the Korea Internet Safety Commission (KISCOM, 2005). KISCOM censors the Internet through orders to internet service providers to block access to "subversive communication", "materials harmful to minors", "cyber defamation", "sexual violence", "cyber stalking", and "pornography and nudity".[9] Regulators have blocked or removed 15,000 Internet posts in 2008, and over 53,000 in 2011.[2]

Political censorship

Freedom to criticize government leaders, policies, and the military is limited to the extent that it "endangers national security" or is considered by censors to be "cyber defamation".[9] The government has cited "character assassinations and suicides caused by excessive insults, [and] the spreading of false rumors and defamation" to justify its censorship.[2]

In May 2002, KISCOM shut down the anti-conscription website non-serviam on the grounds that it "denied the legitimacy" of the South Korean military.[9] The Navy of South Korea accused an activist of criminal libel when he criticized plans to build a controversial naval base in the country.[2]

The government has deleted the Twitter account of a user who cursed the president, and a judge who wrote critically about the President's Internet censorship policies was fired.[2] In 2010, the Prime Minister's Office authorized surveillance on a civilian who satirized President Lee Myung-bak.[2]

In 2007, numerous bloggers were censored and their posts deleted by police for expressing criticism of, or even support for, presidential candidates. This even lead to some bloggers being arrested by the police.[10] Subsequently, in 2008, just before a new presidential election, new legislation that required all major Internet portal sites to require identity verification of their users was put into effect. This applies to all users who add any publicly viewable content. For example, to post a comment on a news article, a user registration and citizen identity number verification is required. For foreigners who do not have such numbers, a copy of passport must be faxed and verified. Although this law was initially met with public outcry, as of 2008, most of the major portals, including Daum, Naver, Nate, and Yahoo Korea, enforce such verification before the user can post any material that is publicly viewable.[11] YouTube refused to conform to the law, instead opting to disable the commenting feature on its Korean site.[12]

Discussion about North Korea

South Korea has banned at least 65 sites considered sympathetic to North Korea through the use of IP blocking.[13][14] Most North Korean websites are hosted overseas in the United States, Japan and China. Critics say that the only practical way of blocking a webpage is by denying its IP address, and since many of the North Korean sites are hosted on large servers together with hundreds of other sites, the impact on the number of real blocked pages increase significantly. Estimates are that over 3,000 additional webpages are rendered inaccessible.

In September 2004, North Korea launched the Kim Il-sung Open University website, www.ournation-school.com. Only three days later, Internet providers in South Korea were ordered by the National Police Agency, National Intelligence Service (NIS) and the Ministry of Information and Communication (MIC) to block connections to the site, as well as more than 30 others, including Minjok Tongshin, Choson Sinbo, Chosun Music, North Korea Info Bank, DPRK Stamp and Uriminzokkiri.

In September 2007, Democratic Labor Party activist Kim Kang-pil was sentenced to one year in prison for discussing North Korea on the party's website.[9]

In August 2010, the South Korean government blocked a Twitter account operated by the North.[15]

In January 2011, a South Korean man was arrested for praising North Korea through social networking sites.[16]

South Korean president Lee Myung-bak's year 2011 policies include cracking down on pro-North Korean comments on social network sites like Facebook and Twitter.[17] Reporters Without Borders noted that the government "has intensified" its campaign to censor pro-North Korea material in 2012, as well.[2]

Nudity and obscenity

The Government of South Korea practiced censorship of gay-content websites from 2001 to 2003, through its Information and Communications Ethics Committee (정보통신윤리위원회), an official organ of the Ministry of Information and Communication, under its category of "obscenity and perversion"; for example, it shut down the website ex-zone, a website about gay and lesbian issues, in 2001.[9] That practice has since been reversed.[18]

Since 2008, attempts by anybody to access "indecent Internet sites" unrated games, pornography, gambling, etc., are automatically redirected to the warning page showing "This site is legally blocked by the government regulations."[19]

Search engines are required to verify age for some keywords deemed inappropriate for minors. For such keywords, age verification using national identity number is required. For foreigners, a copy of passport must be faxed to verify the age. As of 2008, practically all large search engine companies in South Korea, including foreign-owned companies (e.g. Yahoo! Korea), have complied with this legislation.[20] In April 2009 when the Communication Commission ordered user verification be put on the system at YouTube, Google Korea blocked video uploading from users whose country setting is Korean.[21] In September 2012, Google reenabled YouTube uploads in Korea following a three-year block.[22]

On December 21, 2010, the Korea Communications Commission announced that it is planning to create a guideline about monitoring the Internet content in case of a tense political situation; automatically deleting any online anti-governmental message that could lead to internet censorship.[23]

Criticism

The 2009 modification of the copyright law of South Korea introducing the three strikes policy has generated a number of criticism, including those with regard to the Internet freedoms and censorship.[24] Tens of thousands of Korean Internet users have been disconnected from the Internet after not three, but one strike.[25][26]

On September 6, 2011, the Electronic Frontier Foundation criticized the Korea Communications Standards Commission for proposing censorship and restriction on a blog of an Internet free speech activist, Dr. Gyeong-sin Park.[27][28] The United Nations Human Rights Council's Special Rapporteur on Freedom of Expression warned South Korea's government about its censorship, noting among other things that South Korea's defamation laws are often used to punish statements "that are true and are in the public interest".[2]

Korean officials' rhetoric about censored material, including that it is "subversive", "illegal", "harmful" or related to "pornography and nudity", has been noted as similar to that of their Chinese counterparts.[9] Critics also say that the government takes prohibitions on profanity as "a convenient excuse to silence critics" and chill speech.[2] But usually these blocks redirecting to warning.or.kr, can be easily avoided by using some VPN applications. Also, certain browser apps integrates the ip block resistance.

South Korean conservative media outlets loyal to the Lee Myung-bak government are alleged of advocating further Internet censorship, because the Internet is the main source of information for progressive South Korean youths.[29]

See also

References

  1. ↑ "[편집국에서] 텀블러 불법음란물의 온상, 사라질까?". 중도일보.
  2. 1 2 3 4 5 6 7 8 9 10 11 Choe, Sang-hun (2012-08-12). "Korea Policing the Net. Twist? It's South Korea". The New York Times. Retrieved 2012-08-13.
  3. 1 2 Peng, H. (1997, January 1). How Countries Are Regulating Internet Content. Retrieved from http://www.isoc.org/INET97/proceedings/B1/B1_3.HTM
  4. ↑ Hun, M. (2008). Ban on Improper Communication on the Internet. Constitutional Court of Korea, Twenty Years of the Constitutional Court, 240-41.
  5. 1 2 3 Fish, E. (2009). IS INTERNET CENSORSHIP COMPATIBLE WITH DEMOCRACY? LEGAL RESTRICTIONS OF ONLINE SPEECH IN SOUTH KOREA. Asia-Pacific Journal on Human Rights and Law, 2, 43-96.
  6. ↑ S.C.S. (2014, February 10). Why South Korea is really an internet dinosaur. Retrieved from https://www.economist.com/blogs/economist-explains/2014/02/economist-explains-3
  7. 1 2 OpenNet Initiative "Summarized global Internet filtering data spreadsheet", 8 November 2011 and "Country Profiles", the OpenNet Initiative is a collaborative partnership of the Citizen Lab at the Munk School of Global Affairs, University of Toronto; the Berkman Center for Internet & Society at Harvard University; and the SecDev Group, Ottawa
  8. ↑ "Countries under surveillance: South Korea", Reporters Without Borders, 12 March 2011
  9. 1 2 3 4 5 6 7 Chung, Jongpil (September–October 2008). "Comparing Online Activities in China and South Korea: The Internet and the Political Regime". Asian Survey. 48 (5): 727–751. doi:10.1525/as.2008.48.5.727.
  10. ↑ "Tough content rules mute Internet election activity in current contest: Bloggers risk arrest for controversial comments". JoongAng Daily. 17 December 2007. Retrieved 17 December 2007.
  11. ↑ "Do new Internet regulations curb free speech?", Kim Hyung-eun, Korea JoongAng Daily, 13 August 2008
  12. ↑ "Google Disables Uploads, Comments on YouTube Korea", Martyn Williams, IDG News, 13 April 2009
  13. ↑ Sangwon Yoon (25 May 2011). "North Korea Uses Twitter For Propaganda Offensive". The Huffington Post. Kwang-tae Kim (AP). Associated Press. Retrieved 4 October 2015.
  14. ↑ Christian Oliver (1 April 2010). "Sinking underlines South Korean view of state as monster". London: Financial Times. Retrieved 2 April 2010.
  15. ↑ Williams, Martyn (August 20, 2010). "South begins blocking North Korean Twitter account". Reuters.
  16. ↑ Kim, Eun-jung (2011-01-10). "S. Korean man indicted for pro-Pyongyang postings on Internet, Twitter". Yonhap News. Retrieved 2011-03-11.
  17. ↑ Pro-North Facebook entries face gov't crackdown 2010-12-21 Joongang-Ilbo
  18. ↑ "Internet Censorship in South Korea". Information Policy. 8 January 2010.
  19. ↑ Automatic redirect to KCSC Warning
  20. ↑ "Searching For An Adult Topic? You'll Have To Prove Your Age To Google Korea", Search Engine Land, 17 May 2007
  21. ↑ 한국 국가설정시 업로드 기능을 자발적으로 제한합니 (Video uploads limited by voluntarily setting country code to South Korea), The Official YouTube Korea Blog, Blogspot.com, 9 April 2009
  22. ↑ Google re-enables YouTube uploads in Korea, following a 3 year block. TNW, 6 Sep 2012
  23. ↑ 김 (Kim), 재섭 (Jae-seop) (2010-12-22). "[단독] 정부, '긴장상황'때 인터넷글 무단삭제 추진". The Hankyoreh (in Korean). Retrieved 2011-01-09.
  24. ↑ Doctorow, Cory (2010-10-26). "South Korea's US-led copyright policy leads to 65,000 acts of extrajudicial censorship/disconnection/threats by govt bureaucrats". Boing Boing. Retrieved 2012-10-01.
  25. ↑ "A Look At How Many People Have Been Kicked Offline In Korea On Accusations (Not Convictions) Of Infringement". Techdirt. 2010-10-26. Retrieved 2012-10-01.
  26. ↑ "South Korea | Global Censorship Chokepoints". Globalchokepoints.org. Archived from the original on 2012-10-09. Retrieved 2012-10-01.
  27. ↑ York, Jillian; Rainey Reitman (2011-09-06). "In South Korea, the Only Thing Worse Than Online Censorship is Secret Online Censorship". Electronic Frontier Foundation. Retrieved 2011-09-09.
  28. ↑ Lee (이), Jeong-hwan (정환) (2011-09-08). "EFF "방통심의위는 박경신 탄압 중단하라"". MediaToday (in Korean). Retrieved 2011-09-09.
  29. ↑ Lee (이), Suk-i (숙이) (2011-12-05). "보수언론이 온라인과 전쟁하는 까닭". SisaInLive (in Korean). Retrieved 2011-12-17.
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