From now on, when uploading images or videos created by generative AI (artificial intelligence) online, users must indicate that the content is an "AI-generated product." Those who receive and re-upload such content must not obscure or remove the "AI-generated product" label. Portal sites and online platform operators must inform users of their obligation to label AI-generated content when uploading.
The Office of the Prime Minister announced that the government adopted the "Measures to Address Market Order Disruptions Caused by False or Exaggerated Advertising Using AI, etc." at the 7th National Policy Coordination Meeting, chaired by Prime Minister Kim Min-seok, at the Government Complex Seoul on the morning of the 10th.
According to the measures, anyone who "directly produces, edits, and posts AI-generated content" is classified as a "direct information provider." Such providers must label their online content as AI-generated. This label must not be removed by anyone, including the uploader. Violators will face penalty surcharges.
Portal and platform operators now have a duty to inform users that AI-generated content must be labeled as such. Operators who fail to fulfill this obligation will also face penalty surcharges.
The government stated, "To prevent the indiscriminate distribution of advertisements using AI technology, consumers must accurately recognize that AI-generated content is not real." To this end, the "direct information provider" is required to label AI-generated content.
However, these measures will not take effect immediately. The government plans to revise the Information and Communications Network Act by March of next year and implement the measures afterward.
Procedures to block false or exaggerated advertisements on portal sites and online platforms will also be strengthened. If government agencies, such as the Ministry of Food and Drug Safety or the Korea Fair Trade Commission, identify content that could harm public life or property as false or exaggerated advertising, they can request the Korea Media and Communications Commission (KMCC) to delete it. KMCC will then ask the Korea Media and Communications Standards Commission (KMCSC) to review the content’s illegality. However, even before the review result, KMCC can request "temporary measures" from portal and platform operators, who must then block the content. If KMCSC deems the content illegal, the block remains; if not, the block is lifted.
The government announced plans to revise the Information and Communications Network Act by the end of next year to introduce this "emergency correction request" procedure.
The government also stated that advertisements featuring "virtual humans" without disclosing their artificial nature will be deemed illegal. Additionally, virtual humans recommending food or pharmaceutical products in advertisements will be prohibited. Current laws ban professionals like doctors from recommending such products, but virtual humans are not explicitly restricted. The government plans to amend related laws, including the Food Labeling and Advertising Act, Pharmaceutical Affairs Act, Cosmetics Act, and Medical Device Act, by the first half of next year to prohibit virtual humans from recommending food and pharmaceutical products.
The government will also pursue a system to impose punitive damages on businesses that profit from false or exaggerated AI-generated advertisements.
At the meeting, Prime Minister Kim stated, "False or exaggerated advertising is rampant and spreading rapidly through SNS. Some of these exploit new technologies like generative AI, and the government views this as a serious criminal act that disrupts market order and harms consumers."
He added, "We aim not only to prevent the distribution of false or exaggerated AI-generated advertisements in advance but also to swiftly block them afterward. We will introduce a mandatory labeling system for AI-generated content, shorten the review process for correcting false advertisements, significantly increase penalty surcharges, and implement punitive damages."
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