2023 Open Net Korea Annual Report

[Legislative Policy Activities]

❏ [Domestic] Freedom of Expression

Jan.13 – Welcoming Statement on Temporary Takedown System Reform Recommendation: The National Human Rights Commission of Korea recommended to the Korea Communications Commission chairperson that the temporary measures (Article 44-2 of the Network Act) be reformed to better harmonize with freedom of expression for content providers. Open Net welcomes the NHRC’s emphasis on “freedom of expression” and clear identification of imbalances in the temporary takedown system. Open Net has continuously worked to improve the temporary takedown system through constitutional appeals, submitting policy opinions to the National Assembly and NHRC, and participating in research for revising the NHRC’s information rights report.

Feb. 08 – Opposition to ‘Mandatory Nationality Display on Comment’: Submitted dissenting opinion to the so-called Comment Nationality Display Law (Network Act, Rep. Kim Ki-hyun’s bill). This amendment legally forces information intermediaries to track, collect, and disclose internet users’ connection locations and VPN usage, with criminal penalties for violations. Open Net opposes this as it violates privacy of communications, freedom to express opinions without tracking, and infringes on information intermediaries’ business freedom and public forum formation.

Mar. 09 – Opposition to Social Disaster News Comment Ban: Submitted dissenting opinion to the so-called Social Disaster News Comment Ban (Network Act, Rep. Han Jun-ho’s bill) which mandates the elimination of comment sections for news articles about social disasters. Though proposed to protect Itaewon tragedy victims’ families from malicious comments, Open Net opposes this legislation as it unjustly restricts citizens’ freedom of expression on important social issues by prohibiting an entire public forum.

Jul. 02 – Condemning Personal Information Protection Act Abuse for Defending Public Officials: Search and seizure operations were conducted against MBC over allegations of Minister Han Dong-hoon’s personal information violations. Open Net condemned political powers’ misuse of the Personal Information Protection Act to threaten criminal penalties against the press, urging police and courts to stop such misuse of the law.

Aug. 09 – Welcoming Korea’s FOC Application While Demanding Internet Regulation Improvements: Open Net welcomed the Korean government’s application to join the Freedom Online Coalition (FOC) while sending letters to both the government and FOC requesting improvements to Korea’s strict internet content regulations, defamation and insult laws, excessive personal information collection by intelligence agencies under the Communications Privacy Act, and network usage fee legislation that violates net neutrality.

Sept. 04 – Opposing the Temporary Press Article Takedown Law: Submitted opposition to the so-called “Press Article Temporary Takedown Law” (Press Arbitration Act, Rep. Kim Seung-nam’s bill) which would block access to news articles for up to 30 days when correction requests are filed with the Press Arbitration Commission.

Sept. 07 – Opposing the Korean Communications Commission’s Fake News Regulation: The KCC announced plans to launch a “Fake News Eradication Task Force” to monitor all media and internet to identify and regulate “fake news.” Open Net published a statement demanding immediate cessation of this anti-democratic, unconstitutional initiative that essentially means government information control and risks being abused to suppress anti-government opinions.

• Sept. 22 – The Korea Communications Commission announced plans for a one-stop “Fast Track” review and relief system to address fake news. Open Net issued a statement condemning this as clearly anti-democratic and unconstitutional behavior, with an administrative agency attempting to censor all press reporting and internet information, demanding complete withdrawal of KCC’s censorship attempt.

Sept. 22 – Supporting Anti-War Civic Groups for Freedom of Artistic Expression and Assembly: Eight activists from peace organizations (World Without War, Peace Momo) staged a protest by playing violin and guitar on top of armored vehicles and tanks at the DX KOREA 2022 weapons exhibition. Legal authorities imposed a 17 million won fine for obstruction of business. Open Net prepared an acquittal petition to protect freedom of expression, assembly, and artistic freedom.

Oct. 26 – Responding to KCC’s Women on Web Access Blocking and Supporting Women on Web: Women on Web, which has distributed abortion medication to women in various countries seeking pregnancy termination, had its website access blocked domestically for distributing “illegal information.” Women on Web lost their first administrative trial against the Korea Communications Standards Commission. Open Net published a statement opposing the court’s decision, supporting women’s sexual and reproductive health rights, and backing Women on Web to ensure internet users’ right to know.

Nov. 03 – UN ICCPR Korea Review Lobbying: Participated in the 5th UN Human Rights Committee review of South Korea in Geneva on October 19-20, 2023, presenting civil society opinions on press/expression freedom, internet censorship, and privacy issues, successfully obtaining renewed UN HRC recommendations to repeal criminal defamation laws. (UN ICCPR Korea Review Lobby Document)

• UN Human Rights Committee 5th South Korea ICCPR Review On-site Response Participation Report (Jiwon Son, 2023.11.21)

Dec. 13 – Opposing the False Information and Video Content Regulation Laws: Submitted opposition to unconstitutional, anti-democratic bills regulating false information and video content (Network Act, Rep. Yoon Doo-hyun and Park Sung-joong’s bills). These amendments could suppress critical press coverage of public figures under claims of “malicious editing,” regulate citizens’ parodies and satires, and be abused by public figures to block criticism. State censorship of expression carries a high risk of being misused to suppress anti-government opinions.

❏ [International] Freedom of Expression

Feb. 01- Support for Myanmar’s Democracy Movement: The Korean Civil Society Organizations for Myanmar Democracy (abbreviated as Myanmar Support Civil Group, comprising 106 organizations), which Open Net stands in solidarity with, held a press conference on the second anniversary of the coup titled “Spring Revolution, We Will Stand with the Citizens of Myanmar” to condemn the Myanmar military and call for democracy.

• May. 18 – The Myanmar Support Civil Group held a press conference in front of the Ministry of Foreign Affairs to condemn the Korean government for inviting the Myanmar ambassador to a weapons export event.
• May. 19 – The Myanmar Support Civil Group issued a statement condemning the invitation and attendance of the Myanmar ambassador to Seoul at a domestic weapons export event hosted by the Ministry of Foreign Affairs, Ministry of Defense, and defense export companies under the pretext of expanding K-defense industry exports. 

May. 03 – Support for Indonesia’s Democracy Movement: The independent Indonesian journalists’ ‘Alliance of Media and Creative Industry Workers for Unity and Democracy’ filed a lawsuit against the MR5 regulation (which grants the Indonesian Ministry of Communication and Information Technology overly broad powers to block websites not registered with authorities) at the Jakarta Administrative Court. Open Net, together with Access Now and the Electronic Frontier Foundation, submitted a third-party opinion (amicus curiae) challenging MR5 for non-compliance with international human rights law and the Indonesian Constitution, and submitted a letter to the Indonesian Ministry of Communication and Information Technology urging the abolition of MR5. 

Aug. 01 – Opposition to Vietnam’s Internet Real-Name System: Open Net, along with 19 organizations including Access Now, Article 19, Electronic Frontier Foundation, Human Rights Watch, and the International Commission of Jurists, issued a joint letter opposing the Vietnamese government’s enactment of an internet real-name system that contradicts international human rights law. On 09.13, they submitted the letter to the Vietnamese government, demanding that Vietnamese authorities reconsider the administrative decree amendment that does not comply with international human rights standards.

❏ Net Neutrality

Mar. 20 – ‘Network Usage Fee Law’ Legislation Opposition Movement: Conducted a public opinion survey to assess public awareness of the mandatory network usage fee law and gather public opinion for related policy proposals, announcing results showing dominant opposition to both the network usage fee law and the sending party network payment system.

• Feb. 11 – Twitch officially announced its withdrawal from the Korean market due to “network usage fees” that are more than 10 times higher than the rest of the world. In response, Open Net released a statement emphasizing that this damages content diversity and fragments the internet, arguing that the sending party network payment interconnection notice should be abolished to restore net neutrality.

Feb. 27 – European Network Usage Fee Mandatory Imposition Law Opposition Movement: Held a meeting with the leadership of the Body of European Regulators of Electronic Communications (BEREC) at the Mobile World Congress (MWC) in Barcelona, Spain. The BEREC leadership stated in their preliminary report that they do not agree with European network operators’ claim that traffic increases create a burden for network infrastructure expansion, and conveyed the same position to the Democratic Party member of the National Assembly who attended the MWC.

• Feb. 28 –  Attended the “Network Investment: Delivering the Digital Revolution” discussion panel at MWC. With participation from Netflix, Meta, Deutsche Telekom, Saudi Telecom, and the European Commission, OpenNet identified that behind network operators’ demands for mandatory additional fees from content providers (despite record profits) in both Europe and Korea lies excessive infrastructure construction goals set by governments. OpenNet projected that if internet speed growth theories lead to mandatory network usage fee regulations, the internet ecosystem and net neutrality could be destroyed.

Mar. 27 – The Dutch government issued a position statement strongly opposing the European Commission and large European telecommunications companies’ plans to impose network usage fees, along with a report forecasting the economic impact of introducing such fees. OpenNet welcomed this and urged the Korean government and National Assembly to reconsider the issue of network usage fees from a balanced perspective, similar to the Dutch government.

❏ Personal Information Protection and Privacy

Aug. 18 – GNI Membership: OpenNet joined the Global Network Initiative (GNI), which regularly conducts human rights assessments of Google, Meta, Microsoft, and major overseas telecommunications companies. As a GNI member, OpenNet works to promote corporate accountability of internet companies and protect freedom of expression and privacy by standing in solidarity with companies that resist government demands for personal information collection, content blocking, and deletion.

Sept. 20 – Corporate Accountability Index Assessment of Domestic Telecommunications Companies: Released an English report titled “Bare Minimum: Overindulgence in Regulation Results in Poor User Rights,” evaluating KT and SKT’s user protection policies and transparency using the Ranking Digital Rights (RDR) Corporate Accountability Index methodology. When compared to the global rankings of major telecommunications companies published by RDR in 2022, the two companies would rank 8th (KT) and 10th (SKT) among 14 companies.Nov. 06 – Constitutional Appeal for Guaranteeing Data Subject Access Rights: The Constitutional Court dismissed the constitutional appeal filed by OpenNet seeking to guarantee data subjects’ right to access pseudonymized information. OpenNet issued a statement expressing deep regret over the Constitutional Court’s dismissal, which ignores the reality that personal information protection has become more difficult as Articles 28-5 and 28-7 of the Personal Information Protection Act completely exclude the right to access personal information.

❏ Intellectual Property

Jan.19 – Opposition to Ministry of Justice’s Amendment on Commercial Rights to Personality Attributes that Restricts Freedom of Expression: The Ministry of Justice announced a proposed Civil Code amendment that would establish a right to commercially exploit one’s name, likeness, voice, and other personality attributes (‘commercial personality rights’ or ‘publicity rights’). According to this amendment, all expressive acts containing another person’s personality attributes would be principally defined as unlawful acts infringing on others’ rights, forcing people to risk litigation and inevitably causing significant restrictions on freedom of expression, hence the opposition.Jul. 19 – Condemning the Bank of Korea’s Claim that 10-won Bread Infringes Copyright: The Bank of Korea demanded that manufacturers of 10-won bread (bread shaped like the 10-won coin) stop sales, claiming unauthorized use of the 10-won currency design for which the Bank holds copyright, based on their “Currency Design Usage Guidelines.” OpenNet issued a statement demanding that the Bank of Korea promptly withdraw its copyright infringement claims against 10-won bread, condemning the Bank’s behavior as hindering the development and advancement of culture and art by prohibiting or restricting expressive activities.

[Public Interest Litigation]

Legal representation in criminal case for factual defamation charges against operator of ‘Bad Fathers,’ a website publicizing names of parents who fail to pay child support – Won first trial, lost appeal, concluded with dismissal of final appeal (2024.01.04.). Constitutional complaint against factual defamation filed on 2024.02.02.

Administrative lawsuit against Election Commission’s order to delete information violating election law – Supreme Court case in progress (Supreme Court 2023du39601). Filed request for constitutional review of Public Official Election Act Article 110 Section 2 on 2024.02.16.

Constitutional complaint against Internet Censorship Surveillance Law (Telecommunications Business Act Article 22-5 Section 2, etc.) (Constitutional appeal filed on 2021.03.09. (2021hunma290)) – In progress

Constitutional Complaint for abolishment of mandatory shutdown system for internet games (Juvenile Protection Act Article 26 Sections 1, 2, 3) and identity verification requirements (Game Industry Promotion Act Article 12-3 Section 1 Clause 1, Sections 2, 3) (Constitutional appeal filed on 2021.09.01. (2021hunma1053)) – In progress

Constitutional lawsuit against pseudonymized information special provisions violating personal information self-determination rights (Personal Information Protection Act Articles 28-5, 28-7) (Constitutional appeal filed on 2021.06.27. (2021hunma748)) – Concluded with dismissal on 2023.10.26. (Constitutional Court Decision 2023.10.26., 2021hunma748, etc.)

Constitutional lawsuit against “Samsung Protection Law” (Act on Prevention of Divulgence and Protection of Industrial Technology) (Constitutional appeal filed on 2020.03.05. (2020hunma351)) – Participated in the Industrial Technology Protection Law Countermeasure Committee. Concluded with dismissal on 2023.06.29.

Constitutional complaint against Infectious Disease Prevention Act Article 76-2 (processing base station connection information and location tracking without consent) (Constitutional appeal filed on 2020.07.30. (2020hunma1028)) – In progress

KT personal information access request lawsuit – Concluded with dismissal of final appeal on 2023.07.13.

Supporting administrative lawsuit for cancellation of Korea Communications Standards Commission’s decision to block Women on Web (Filed on 2022.03.11.) – Lost first trial, appeal in progress

Ongoing legal counseling related to insult and defamation crimes

Ongoing legal counseling related to copyright

[Open Seminars]

[OpenNet Media Literacy Monthly Special Lecture] 9th Lecture. Building Online Information ‘Verification Skills‘ – 2023.01.11. Online, Youngjun Choi, Google News Lab Teaching Fellow

Discussion Forum on Personal Information Protection Act Amendment for Exemption of Information Processing for Public Interest Purposes Including Media Reporting – 2023.02.17. National Assembly Member’s Office Building Conference Room 1, Co-hosted by OpenNet and National Assembly Member Byoungduk Min 

[International Seminar] Seminar with International Cybersecurity Human Rights Activists – 2023.03.31. Online, Co-hosted by OpenNet and InterLab

Public Internet Law Discussion Forum for Ordinary Citizens – 2023.04.04. National Assembly Member’s Office Building Conference Room 3, Co-hosted by OpenNet and National Assembly Members Jumin Park, Minjung Ko

“What Challenges Did the Expulsion of 3 Artists from <Feminism Art Festival> Leave for Our Society?” Discussion Forum – 2023.05.03. Minbyun Main Conference Room, Co-hosted by OpenNet, After Blacklist (Provisional), Cultural Action (Summary / Presentation Materials)

Policy Discussion Forum on Fair Compensation for Creative Labor – 2023.05.09. Participation Solidarity Zelkova Hall, Co-hosted by OpenNet, Seoul National University Law School Public Interest Legal Center, DGK, Webtoon Artists Labor Union

[2nd Anniversary Memorial Event for the Late Patent Attorney Heesub Nam] Information, Culture, and Human Rights as Viewed by Heesub Nam – 2023.04.28. Space Chaebi, Co-hosted by Pharmacists for Healthy Society, OpenNet Association, People’s Health Institute, Health and Alternative Research Community, Humanitarian Doctors Association, Information Sharing Coalition IPLeft, Information Human Rights Research Institute, Progressive Network Center, Participation Solidarity, Commons Foundation, HIV/AIDS Human Rights Solidarity Nanuri+

[Emergency Salon] Copyright Issues and Response Strategies in the AI Era – Focusing on 3 Key Issues – 2023.09.21. Dongja Art Hall, Co-hosted by OpenNet and The Core 

[International Seminar] UC Irvine Int’l Justice Clinic & KU Int’l Human Rts Clinic on Women on Web – 2023.11.09. Online, Co-hosted by OpenNet, UC Irvine Law School International Justice Clinic, Korea University Law School International Human Rights Clinic (Presentation Materials / Video)

Press Conference on Publication of Guidelines for Responding to Font File Copyright ‘Settlement Money Business’ – 2023.11.24. OpenNet Conference Room, Hosted by OpenNet (Presentation Materials / Response Guidelines)

Discussion Forum on Measures to Address Hate and Discrimination: The Right to Safety from Disasters and Hate Speech – 2023.10.27. National Assembly Member’s Office Building Conference Room 8 (Video)

[Open Blog]

Both State and People Have Freedom To Be “Political” (Kyungsin Park, Kyunghyang Newspaper, 2023.01.09)

Data Protection Law May Shut Down Press or Whistleblowing (Kyungsin Park, 2023.01.17) 

Nation’s Reputation Requires Good Diplomacy, not a Gag Lawsuit (Kyungsin Park, 2023.01.17) 

Risks of Poverty in Court: Cases of POSCO International and a Former Prosecutor’s Son (Kyungsin Park, Kyunghyang Newspaper, 2023.02.13) 

The feminism that censors and discriminates feminist artists (Kyoungmi Oh, Feminist Theory Issue 47)

European Network Usage Fees: the absence of promise and science (Kyungsin Park, Kyunghyang Newspaper, 2023.03.13) 

ChatGPT and Copyright of Learning Data (Kyungsin Park, Kyunghyang Newspaper, 2023.04.10) 

Investigating the Poster Depicting President Yoon Receiving Nuclear-Contaminated Water in a Cup is Unconstitutional  (Kyungsin Park, Hankyoreh, 2023.05.29)

[International Activities]

[Workshop] Human Rights and Digital Security in Asia: A Regional Civil Society Workshop – Kyungsin Park, Speaker (2023.02.17.)

[Panel Discussion] Global Digital Compact Asia Consultation 2023 – Kyungsin Park, Debater (2023.03.21.)

[Panel Discussion] DRAPAC 2023: Collaboration with Big Techs for Pro-democratic Content Moderation –  Kyungsin Park, Moderator (2023.05.22.)

[Panel Discussion] RightsCon 2023: Engaging Corporate Entities in Advancing Digital Rights in Asia Civil Society Activities –  Kyungsin Park, Speaker (2023.06.06.) 

[Panel Discussion] RightsCon 2023: How to Bring Techs Onboard in Defense of Digital Rights in Asia –  Kyungsin Park, Speaker (2023.06.06.)

[Panel Discussion] RightsCon 2023: In Defense of Democracy and the Open Internet –  Kyungsin Park, Speaker (2023.06.08.)

[Panel Discussion] RightsCon 2023: Charging the Internet in Asia and Europe? Since whe (and why) Has It Been Free? –  Kyungsin Park, Moderator (2023.06.08.)

[Panel Discussion] APrIGF 2023: Content Moderation Policy Advancing Tech for Democracy –  Kyungsin Park, Speaker (2023.08.30.)

[Panel Discussion] APrIGF 2023: Malicious Convergences: Addressing Emerging Trends of Gendered Hate Speech in South Asia – Kyoungmi Oh, Debater (2023.08.31.)

[Panel Discussion] APrIGF 2023: Is Fragmentation the Futures of the Internet and How Can We Resist? –  Kyungsin Park, Speaker (2023.08.31.)

[Panel Discussion] APrIGF2023 Parliamentary Track: Responding Disinformation and Platform Transparency –  Kyungsin Park, Speaker (2023.09.01.) 

[Panel Discussion] The Asia Pacific Expert Meeting on Disinformation Regulation and the Free Flow of Information –  Kyungsin Park, Speaker/Moderator (2023.09.30.)

[Lecture] DRAPAC Series: South Korea’s Lessons for Threats to Southeast Asian Internet Freedom –  Kyungsin Park, Speaker (2023.10.09.)

[Int’l Conference] ABA 2023: Effective Response to Disinformation: Platform Liability v. Platform Transparency –  Kyungsin Park, Speaker (2023.10.11.)

[Panel Discussion] Kyoto IGF 2023: Digital Trust and Safety Partnership – Kyoungmi Oh, Speaker(2023.10.11.)

[Panel Discussion] Kyoto IGF 2023: Unfair Share and Zero Rating Who Pays for the Internet – Kyungsin Park, Speaker (2023.10.12.) 

[Participation] Open Net Korea participated in the Fifth Periodic Review of the Republic of Korea by the UN Committee on the International Covenant on Civil and Political Rights – Jiwon Son, Kyoungmi Oh, Hongki Yun, Participants (2023.10.19 – 20.)

[Joint Seminar] UC Irvine Int’l Justice Clinic & KU Int’l Human Rts Clinic on Women on Web – Kyungsin Park, Moderator (2023.11.09.)

2023 Donations

From Companies	188,017,500
From Organizations	575,897,270
From Individuals	8,537,000
Total	772,451,770