Republic of Korea: Enforcement Decree of the Telecommunications Business Act (President's Decree No. 35254) including content moderation regulation was adopted

On 11 February 2025, the President signed the Enforcement Decree of the Telecommunications Business Act (President’s Decree No. 35254). The Decree specifies the procedures set out in Article 22-5 of the Telecommunications Business Act for reporting and removing illegally filmed materials and related content. It requires value-added telecommunications service providers to delete or block access to such materials upon receipt of a formal report or deletion request from designated institutions, including sexual violence victim counselling centres and the Korea Women’s Human Rights Promotion Agency. If the provider is unable to determine whether the reported information constitutes illegal filmed material, they may request deliberation by the Korea Communications Media Review Commission. Upon receiving notification that the content constitutes illegal filmed material, the provider must promptly take the necessary measures to prevent its distribution, including deletion or blocking access. The Decree also sets out how administrative surcharges for non-compliance are calculated. This surcharge is based on the average annual revenue of the specific value-added telecommunications service through which the illegal content was distributed over the previous 3 business years.