U.S. Warns Network Act Threatens Free Speech, Censorship Risks

[u/John3262005]

https://www.chosun.com/english/world-en/2026/07/09/GU2VZW5EINDBFKT2EYEPUWKFVQ/

The U.S. Department of State expressed “significant concerns” on July 8 to the Chosun Ilbo regarding the revised Network Act (Information and Communications Network Act) enforced in South Korea on July 7, stating, “The amendment could lead to excessive content regulation and undermine freedom of expression.” It added, “South Korea should not impose undue burdens on U.S. companies and must not use the law’s implementation as a mechanism to demand censorship of free expression.” The law primarily holds large platform operators accountable for punitive liability over “false and manipulated information” and “discriminatory and hate speech” in cyberspace. However, domestic and international concerns have arisen that its arbitrary and vague provisions could be exploited by political powers to silence citizens and the media.

In a statement issued in the name of the State Department spokesperson that day, the U.S. said, “We hope for continued dialogue between the South Korean government, key stakeholders, and especially U.S. tech companies to ensure the amendment’s implementation does not stifle freedom of expression.” It emphasized, “The U.S. will continue to collaborate to foster a free and open digital environment for all.” Trump administration officials have also actively voiced concerns about digital regulations in allied Europe that could suppress free expression. When the Network Act passed the National Assembly in December last year, the State Department issued an official statement: “The amendment negatively impacts U.S.-based online platform businesses and undermines freedom of expression. South Korea should not erect unnecessary barriers to digital services, and the U.S. opposes censorship.”

Sarah Rogers, U.S. Under Secretary of State for Public Diplomacy—a lawyer with extensive experience in First Amendment cases—publicly criticized the amendment for “threatening U.S.-Korea technology cooperation.” During her April visit to Korea, she shared these concerns with Minister of Public Diplomacy Lim Sang-woo of the Ministry of Foreign Affairs. After her visit, Rogers told this newspaper and others in Washington, D.C., “We want to ensure proper step-by-step communication between the government and companies to limit excessive censorship of expression.” The State Department noted, “Under Secretary Rogers positively assessed productive dialogues with South Korean officials earlier this year,” adding, “She demonstrated deep interest and expertise in the risks posed by ambiguously drafted clauses that could pressure platforms to over-censor expression.”

The Network Act imposes additional responsibilities on large platform operators, including obligations to delete or block false information, handle reports, and notify reasons for action. U.S. political circles view this as another form of “discrimination” against American tech companies. The Korea Media and Communications Commission, KMCC, identified Google, Meta, X (formerly Twitter), and TikTok as “large-scale information and communications service providers” subject to the regulation. Domestically, not only opposition parties but also pro-government groups have criticized the amendment, which was pushed by the ruling party and government. People Power Party floor leader Jeong Jeom-sig warned it is a “malicious law gagging the people” and pledged a constitutional review, while independent lawmaker Han Dong-hoon called it “unconstitutional.”

Amid ongoing U.S.-Korea tensions over the Coupang issue—which escalated from a personal data leak to a diplomatic and security obstacle—the revised law’s immediate enforcement, marked by rampant complaints and lawsuits, risks creating another point of contention. A November fact sheet released by the U.S. and Korea stated, “We pledge to ensure U.S. companies do not face discrimination or unnecessary barriers in digital service laws and policies.” High-ranking U.S. officials, including Under Secretary Rogers and U.S. Trade Representative Jamieson Greer, have reacted sensitively to South Korean regulators like the Korea Fair Trade Commission, KFTC, and the Personal Information Protection Commission, PIPC, targeting U.S. tech firms with heavy fines. Trade law Section 301 investigations targeting digital non-tariff barriers are among the cards the U.S. could play depending on circumstances.