Regulatory Blind Spot: YouTube’s Influence and Lack of Oversight

Half of Koreans watch YouTube news, but the platform remains largely unregulated, allowing for the spread of illegal promotion content and fake news.

Videos with titles like ‘Hope House Riot Incident’, ‘Busan Street Fight’, and ‘MZ Gangster’ appear on YouTube, often walking the line between legal and illegal content. Searching for ‘#online casino’ yields tutorials on winning money in illegal online gambling, while ‘#trading’ brings up shamans advertising ‘good’ stock trading techniques. These videos likely violate the Information and Communications Network Act, the Special Act on the Regulation and Punishment of Gambling Acts, and the Capital Market and Financial Investment Business Act.

YouTube’s influence has surpassed that of TV, but regulations have been largely neglected. According to the Korea Press Foundation’s ‘Digital News Report 2023’, 53% of Koreans watch news through YouTube, a 9% increase from the previous year. Unlike TV, which is subject to prior censorship and strict regulations regarding advertising time, content, and placement, YouTube is filled with digital online gambling advertisements and similar investment advertisements.

Countries worldwide are taking steps to regulate video platforms like YouTube to the same level as TV. Germany’s Network Enforcement Act, enacted in 2018, requires social media platforms with over 2 million users to promptly delete illegal content, including hate speech, fake news, and defamation. Platforms must remove “obvious illegal content” within 24 hours of discovery and process non-obvious content within 7 days. Violators face fines of up to 50 million euros (approximately 73.6 billion won).

The European Union’s Audiovisual Media Services Directive (AVMSD), enacted in 2018, links online video platforms to TV broadcasting regulations. The directive requires measures to protect minors from harmful content and prohibits hate speech based on race, gender, religion, nationality, and more.

Australia’s Online Safety Act, enacted in 2021, forces online platforms to quickly remove harmful content. If harmful or illegal content is not removed within 24 hours, individuals face fines of up to AUD 111,000 (about 100 million won), while companies face fines of up to AUD 555,000 (about 500 million won).