Open Net Korea Annual Report 2024

by Hongki Yun | May 12, 2025 | Notice, Open Net | 0 comments

[Legislative Policy Activities]

❏ [Domestic] Freedom of Expression

[Industrial Technology Protection Act Committee] Jan. 10 – Statement on Constitutional Court’s Dismissal of Constitutional Appeal against Industrial Technology Protection Act: The Committee issued a statement criticizing the Constitutional Court’s June 2024 dismissal of a constitutional complaint filed in March 2020. The appeal had challenged Article 9-2 (non-disclosure of information on national core technology), Article 14(8) (prohibition of use/disclosure of information containing industrial technology for purposes other than intended), and Article 34(10) (prohibition of leakage/misappropriation of confidential information obtained while performing information disclosure request duties) of the Industrial Technology Protection Act. The appeal argued these provisions violated the constitutional principles of clarity and prohibition of excessive restrictions, and infringed on people’s right to know, right to life/health, freedom of expression, and academic freedom. Following the dismissal, the Committee criticized the decision and announced they would recruit plaintiffs for a constitutional lawsuit.

Aug. 29 – Released a statement criticizing the Information Disclosure Act amendment bill (Ministry of Public Administration and Security Notice No. 2024-1114) announced by the Ministry of Public Administration and Security, and began activities with civil society organizations to block the legislation
Sep. 3 – Published a commentary criticizing the potential severe restrictions on information access in the Information Disclosure Act amendment bill (Ministry of Public Administration and Security Notice No. 2024-114): The amendment allows for termination of information disclosure requests based on the vague criterion of “unreasonable or socially excessive demands,” potentially blocking workers’ access to important information about working conditions or industrial accidents

Feb. 23 – Statement condemning the Korea Communications Standards Commission’s blocking of satirical video to protect the President’s feelings: On November 23, 2023, police requested review of a 45-second TikTok shorts video titled “Virtual Conscience Confession Speech of President Yoon” as defamatory information, and the Commission blocked access to it. The statement strongly condemned the Commission’s decision as a typical anti-democratic act where an administrative agency applied the unconstitutional review regulation of “causing social confusion” to censor critical expressions against the government and the President.

[Joint Action Against Media Control] Mar. 7: Ninety civic, labor, and media organizations unite to resist the Yoon Suk-yeol government’s media control and launch the Anti-Media Control Joint Action

[Network for Freedom of Expression Against Hatred and Censorship (Article 21 Network)] Mar. 14: Sixteen civil society organizations form an alliance to respond to increased suppression of freedom of expression under the Yoon Suk-yeol government. As their first official activity, they hold an international press briefing to reveal and denounce the Yoon Suk-yeol government’s violations of freedom of expression

May 3: Released a critical statement urging action on delayed abortion rights ahead of the second administrative lawsuit appeal against the Korea Communications Standards Commission’s blocking of the Women on Web site, and launched a signing campaign

May 17 – Released a statement criticizing the loss in the appeals trial
Aug. 22 – Critical statement on the investigation applying murder charges to those involved in a 36-week pregnant woman’s abortion: Released a critical statement on police investigations and intimidation that can infringe women’s freedom of expression, making women who desperately need help even more vulnerable, and noted the relevance to the Women on Web site blocking administrative lawsuit that OpenNet is assisting
Sept. 25 – Distributed free VPNs for internet freedom with Women on Web: Launched a campaign to distribute free one-year Tunnel Bear VPN codes (provided as part of Tunnel Bear’s social benefit program) to the first 100 people who participated in the petition urging the unblocking of the Women on Web site and guaranteeing abortion rights

Jun. 20 – Submitted opposition to the Media Arbitration Act amendment bill (Rep. Jung Chung-rae’s bill, 2200058) that stipulates punitive damages against the press: The amendment violates the constitutional principles of clarity and proportionality, posing a high risk of infringing on freedom of the press and expression, and should be withdrawn as it could significantly suppress the media’s swift raising of suspicions and critical reporting about public figures and corporations

Jun. 21 – Submitted opposition to the Information and Communications Network Act amendment bill (Rep. Kim Jang-kyum’s bill, 2200352) that creates the crime of spreading false information: Submitted opposition as the amendment violates constitutional principles of clarity and proportionality, severely infringing upon freedom of expression and the right to know, making it an unconstitutional and anti-democratic bill

Aug. 1 – Condemned KTV’s absurd copyright abuse attempt to censor satirical videos: Statement condemning KTV’s criminal complaint for copyright violation against singer Baek Ja’s presidential satire video (‘Impeachment is Needed’). It is an abuse of copyright law by a public institution, and held a press conference with civil society organizations urging withdrawal of the complaint

Aug. 29 – Submitted opposition to the Newspaper Act amendment bill (Rep. Yang Moon-seok’s bill, 2202577) that aims to introduce ‘fairness’ reviews in portal news article arrangements: Submitted opposition as the amendment, which prohibits internet news service providers from “deliberately manipulating article arrangements to undermine the fairness and objectivity of the press” and imposes fines up to 20 million won for violations, violates constitutional principles of clarity and proportionality, infringes on freedom of expression, and severely undermines democracy

[Right to Know Infringement Response Task Force] Sept. 4: Submitted opposition to the Information Disclosure Act amendment that restricts the right to request information disclosure based on arbitrary judgments: Submitted opposition to the Information Disclosure Act amendment (Ministry of the Interior and Safety Announcement No. 2024-1114) that allows public institutions to autonomously terminate “unfair or socially excessive information disclosure requests”

Oct. 29 – Formed and allied with civil society organizations in a Task Force to respond to the Information Disclosure Act amendment bill announced by the Ministry of the Interior and Safety (Announcement No. 2024-114)
Nov. 11 – The Right to Know Infringement Response Task Force and Civil Society Organizations Alliance held a National Assembly discussion on “The Yoon Suk-yeol government’s attempt to legalize information concealment: Problems and challenges of the government’s Information Disclosure Act amendment”

Sept. 6 – Submitted supporting opinion for the Criminal Code and Information and Communications Network Act amendments limiting factual defamation to cases of privacy invasion: Submitted support to the National Assembly for Criminal Code amendment (Rep. Choi Ki-sang’s bill, 2203388) and Information and Communications Network Act amendment (Rep. Choi Ki-sang’s bill, 2203389) that limit the application of factual defamation to cases where “facts invading privacy secrets” are stated rather than all facts, and revise defamation to be prosecutable only upon complaint

Oct. 29 – Statement expressing concern about Korea’s declining internet freedom index: Freedom House’s 2024 Freedom on the Net report again classified South Korea as only “Partly Free” with its score dropping from 67 to 66 points compared to last year. This reveals the failure of the Yoon administration’s governance, and we urge measures to ensure internet freedom in accordance with international human rights standards

Dec. 19 – Nineteen international human rights organizations issue statement urging Yoon’s resignation and calling on the Korean government to stop press suppression and violations of the right to know

❏ [International] Freedom of Expression

[Myanmar Support Citizens’ Group] Feb. 1: Released joint statement “Three years of civic resistance for Myanmar democracy, Korean citizens will continue to stand together for the victory of democracy”

Apr. 17 – Submitted counter-report to UN Human Rights Council to promote digital rights in Indonesia: Ahead of the 140th Human Rights Committee reviewing Indonesia’s human rights practices and compliance with the International Covenant on Civil and Political Rights, submitted a counter-report with SAFENET (South Asian Freedom of Expression Network), UC Irvine’s International Justice Clinic (IJC), and Korea University Law School’s International Human Rights Law Clinic, detailing Indonesia’s freedom of expression, online sexual violence, internet accessibility improvement, and surveillance status, which was published on the UN website

Apr. 19 – Lobbying activities at the UN Human Rights Council for promoting digital rights in Indonesia

Apr. 18 – Lobbied for Vietnamese digital rights before the UN Human Rights Council’s Universal Periodic Review: Supported Vietnam’s Legal Initiative for Vietnam (LIV) in collaboration with UC Irvine’s International Justice Clinic (IJC)

❏ [Domestic] Personal Information Protection and Privacy

Jan. 16 – Critical statement on search and seizure of the Korea Communications Standards Commission based on allegations of Ryu Hee-rim’s sponsored complaints: Condemned the police’s search and seizure that abused investigative power to suppress public interest whistleblowing, and urged amendment of the Personal Information Protection Act being misused as a tool to suppress public interest reports and media coverage

Feb. 1 – Welcoming statement on the amendment to the Telecommunications Business Act following the constitutional court decision on communications data provision: Released a statement welcoming the passage of the Telecommunications Business Act amendment through the National Assembly plenary session, which created an obligation for investigative agencies to notify users when they receive personal information from telecommunications providers

Mar. 20 – Privacy and surveillance issues in AI digital textbook policy: Planned and hosted a session at the 3rd Summit for Democracy pointing out privacy and surveillance issues in AI digital textbooks being unilaterally developed and commercialized by the Ministry of Education without considering school environments

June 7 Ministry of Education leaked personal information of 10,000 teachers; must postpone AI digital textbook development without personal information protection measures: An accident occurred during preparation for teacher training for AI digital textbook implementation where the Ministry of Education mistakenly leaked personal information including names, schools, and mobile phone numbers of about 10,000 selected teachers. Wrote a critical commentary urging the Ministry of Education to postpone the commercialization of AI digital textbooks until personal information protection measures are fully established.

Apr. 25 – Expressed regret over the dismissal and rejection of constitutional review requests regarding widespread personal information violations such as base station information collection during COVID-19: Released a critical commentary on the Constitutional Court’s decision to dismiss the request for review of Article 76-2(1)(1) of the former Infectious Disease Prevention and Management Act and to reject the request for review of the processing of Itaewon base station connection information related to COVID-19 (Constitutional Court Decision 2020Hun-Ma1028, April 25, 2024)

May 7 – Welcoming statement on EFF’s opinion for constitutional appeal against ‘Internet Censorship Surveillance Law’: Released a statement welcoming the Electronic Frontier Foundation (EFF) submitting an opinion on the constitutional appeal against Article 22-5(2) of the Telecommunications Business Act, also known as the ‘Nth Room Prevention Law’

Nov. 13 – Submitted opposition to the Communications Privacy Protection Act amendment bill (Rep. Jung Chung-rae’s bill, 2204138) that broadens the subject of lawful wiretapping: Pointed out that designating all crimes specified in the “Act on Special Cases Concerning the Punishment of Sexual Violence Crimes” and the “Act on the Protection of Children and Youth Against Sexual Abuse” as crimes subject to communications restriction measures without considering the severity of crimes poses a high risk of violating many citizens’ privacy of communications, freedom, and privacy rights.

❏ [International] Personal Information Protection and Privacy

Jan. 16 – Ahead of the UN Human Rights Council meeting, co-authored and submitted a joint statement opposing Vietnam’s mandatory identification system that violates human rights, in collaboration with Article 19 and the Vietnam Legal Initiative

May 14 – Held a workshop on strengthening personal information protection capabilities and information exchange with Malaysian digital rights civil society organization KRYSS NET: Discussed the protection of Malaysian citizens’ privacy and prevention of data misuse and exploitation with KRYSS NET, a member organization of Malaysia’s freedom of expression cluster.

May 23-24 – Held a workshop on strengthening personal information protection capabilities and information exchange with Taiwan’s digital rights civil society organization Taiwan Association for Human Rights (TAHR): Presented a case where Korea’s Personal Information Protection Commission imposed a fine on Meta for collecting users’ personal information without explicit consent. Explained the concepts of personal information protection law related to targeted advertising.

May 28 – Held a workshop on strengthening personal information protection capabilities and information exchange with Indonesia’s digital rights civil society organization Yayasan Tifa: Discussed social media and search engine platform business models, issues of targeted advertising and personal information protection, cases of Korean Personal Information Protection Commission, and development of strategies to strengthen platform company accountability.

May 31 – Held a workshop on strengthening personal information protection capabilities and information exchange with the Philippines’ digital rights civil society organization Media Alternatives for Development (MAD): Focused discussions on surveillance capitalism, targeted advertising, personal information protection laws, and the misuse of personal information protection laws.

❏ [Domestic] Intellectual Property Rights

Jan. 30 – Statement criticizing Louis Vuitton’s trademark lawsuit that infringes on consumers’ right to cultural enjoyment and the world’s only unique court decision: Louis Vuitton won the first trial in a trademark infringement lawsuit against small repair businesses that reform worn Louis Vuitton bags into smaller bags or wallets at customers’ request. Consumers’ actions of transforming their possessions into desired forms for self-expression should be protected as freedom of expression, and the scope of trademark protection should be limited according to this constitutional value

NOV. 1 – US experts express opposition to Louis Vuitton’s trademark lawsuit against Korean Louis Vuitton bag repair shops

❏ [International] Net Neutrality

Oct. 31 – Advising Latin American policymakers on net neutrality: Invited by Colombian telecommunications authority CRC (Comisión de Regulación de Comunicaciones), presented on net neutrality as a panel member at the <19th Taller International Regulatory Workshop> attended by over 400 Latin American policymakers

[Public Interest Litigation]

❏ Domestic Litigation

Jan. 04- Criminal case for defamation by stating facts against operators of ‘Bad Fathers’ website that publicizes names of parents who do not pay child support: Concluded with dismissal of appeal

Feb. 2 – Constitutional appeal filed against defamation by stating facts under the Information and Communications Network Act

Criminal case for violation of Personal Information Protection Act regarding whistleblowing of corruption at Busan Environmental Corporation: Proceeding with appeal after losing first trial

Lawsuit to cancel the Election Commission’s order to delete information on election law violations (Womad posts): Appeal in progress (Supreme Court 2023du39601)

Request for constitutional review of Public Official Election Act Article 110 Paragraph 2 (2024.02.16.)

Constitutional lawsuit against Internet censorship surveillance law (Telecommunications Business Act Article 22-5 Paragraph 2, etc.) (Constitutional appeal filed on 2021.03.09. (2021hunma290)): In progress

Constitutional lawsuit for abolition of mandatory shutdown system for Internet games (Youth Protection Act Article 26 Paragraphs 1, 2, 3) and identity verification obligation (Game Industry Promotion Act Article 12-3, Paragraph 1, No. 1, Paragraphs 2, 3) (Constitutional appeal filed on 2021.09.01. (2021hunma1053)): In progress

Constitutional lawsuit against Samsung Protection Law (Act on Prevention and Protection of Industrial Technology Leakage) (2020hunma351): Concluded with dismissal in 2023, discussing follow-up measures with the Industrial Technology Protection Law Countermeasure Committee

Administrative lawsuit against the Korea Communications Standards Commission’s blocking of Women on Web site (Supreme Court 2024du45443): Supreme Court dismissed without hearing / Preparing constitutional appeal

Constitutional lawsuit against Infectious Disease Control and Prevention Act Article 76-2 (processing of base station connection information and location tracking without consent) (Constitutional appeal filed on 2020.07.30. (2020hunma1028)): Concluded with dismissal of appeal (Constitutional Court decision 2020hunma1028 rendered on April 25, 2024)

Supporting public interest litigation for illustrator Park Yohan, victim of copyright infringement accusations: Criminal proceedings in progress

Legal consultation support for defamation and insult cases

Legal consultation support for victims of intellectual property settlement money scams

❏ International Litigation

Jun 17 – US court issues injunction on Montana’s TikTok ban law to which Open Net submitted an opinion: Jointly filed an amicus brief with UC Irvine School of Law International Justice Clinic to the 9th Circuit Court of Appeals regarding Montana’s TikTok ban order, resulting in the court’s decision to suspend the law until judicial review of similar federal-level TikTok ban legislation is completed

Jul. 4 – Jointly submitted an amicus brief with Article 19 and UC Irvine School of Law International Justice Clinic to the US Supreme Court regarding Texas and Florida laws prohibiting platforms’ autonomous review of political content, leading to the Supreme Court’s decision to remand with unconstitutionality reasoning

[Open Seminars]

❏ Domestic Seminars

Open Net 10th Anniversary Celebration (3.8. Korea Foundation for Women, Basement Floor 1)

3rd Summit for Democracy (3.19. COEX, Open Net session hosting)

Workshop on Digital Authoritarianism in Southeast Asia
Privacy and Surveillance Issues in AI Digital Textbook Development Policy

[National Assembly Discussion] Yoon Administration’s 2 Years: Dismantling Public Interest and Suppression of Freedom of Expression (4.40. National Assembly Library Small Conference Room, Open Net co-hosting)

3rd Memorial Service for the late Dr. Nam Hee-sup (5.10. Chungmuro Space Chaebi, Open Net co-hosting)

2024 KrIGF (6.28. Franciscan Education Center 4th Floor, Open Net session hosting)

[2024 KrIGF] Is the Korea Communications Standards Commission’s Internet censorship acceptable as is?
[2024 KrIGF] (Youth) Political consideration of transnational data governance in the age of techno-feudalism

Jirisan Forum, “Digging Gender Data” (10.2. Small Change Base Camp Deulssuk and Sanae-myeon, Namwon-si, Jeollabuk-do, Open Net co-hosting session)

[National Assembly Discussion] The Right to Know is in Danger – Yoon Suk-yeol Administration’s Attempt to Legalize Information Concealment, Problems and Tasks of the Government’s Information Disclosure Act Amendment (11.11. National Assembly Member Hall Conference Room 9, co-hosted by Right to Know Infringement bLaw Response TF)

2024 Democracy Lab Conference, ‘Democracy in the Platform Era, Challenges and Aspirations’ (11.22. Roh Moo-hyun Citizen Center Damoyeo Lecture Room, Open Net co-hosting)