As concerns about online safety grow amid the rise of deepfake pornography, illegal harmful content, and cyberbullying, there is a pressing need for comprehensive measures to protect children and adolescents from the dangers of the digital world.
A recent report by the National Assembly Research Service titled "Issues and Discussions on Strengthening Online Safety and Rights for Children and Adolescents" highlights the urgent need for such measures.
Citing data from the Ministry of Science and ICT and the Korea Institute for Information Society Promotion, the report reveals that as of July 2023, 94.0% of South Koreans aged three and older and 99.5% of teenagers use the internet. Moreover, 96.1% of those aged six and over and 97.6% of teenagers own smartphones. The report also found that cyberbullying is a significant issue, with 40.8% of adolescents reporting experiencing cyberbullying in the past year.
Despite these concerning statistics, the current legal framework in South Korea for protecting children and adolescents online is fragmented and ineffective. Existing laws, such as the Telecommunications Business Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection, focus on regulating information and communication services and protecting users. The Sexual Violence Prevention Act, on the other hand, is primarily concerned with sexual violence. Additionally, the Act on the Protection of Juveniles from Sexual Abuse and the Act on the Prevention of and Countermeasures against School Violence have limited scopes, targeting only juvenile sexual abuse and school violence, respectively.
Although there have been efforts to strengthen online safety through amendments to existing laws, such as the revision of the Information and Communications Network Act in 2018 and the inclusion of cyberbullying in the School Violence Prevention Act in 2023, these measures have had limited impact.
Furthermore, while various government agencies, including the Ministry of Science and ICT, the Ministry of Gender Equality and Family, the Ministry of Education, and the Ministry of Culture, Sports and Tourism, are involved in prevention and support efforts, there is a lack of coordination and evaluation of these policies.
To address these shortcomings, the report recommends the enactment of a comprehensive "Online Safety and Rights Act." This law would provide a unified framework for protecting the online safety and rights of all citizens, including children and adolescents. Australia and the United Kingdom have already implemented similar legislation, demonstrating the effectiveness of such an approach.
Other recommendations include establishing fundamental principles for online safety and rights policies and developing a new governance structure to evaluate government policies.
The report concludes by emphasizing the urgent need for a more coherent and comprehensive legal framework to address the growing challenges of online safety. "There is no clear legal definition of online safety or online rights, and there is no consensus on the meaning and scope of these terms," the researchers said. "Government intervention through legislation and policy is crucial."
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