New Media Democracy

New Media and Democracy: Global Perspectives South Korea as the World’s Most Wired Nation: Its Digital Democracy as a Real-Life Case Study By Sang Jo JONG Professor of Law, Seoul National University and Visiting Professor, UC Berkeley School of Law

Internet Korea

Source: A cartograghic guide to Starbucks' global domination (http://qz.com/208457)

Trilateral Relations among

Internet, Economy, and

Freedom/Democracy

Roh Moo-Hyun Presidential Campaign Obama Presidential Campaign

Politics Faces Sweeping Change via the Web Transformation accelerates with the approach of the 2006 Congressional and 2008 White House elections

Transformation of politics by the Internet:

- advertising

- fund-raising

- mobilizing supporters

- spreading of negative information

One of the most viewed streaming shows on Chinese platform iQiyi, where it was streamed more than 2.5 billion times from December 2013 to February 2014.

“Rigorous censoring procedure and regulations” pointed out by China’s National People's Congress

It’s about an alien who accidentally arrives on Earth 400 years ago, meets an arrogant female pop star and falls in love. Well aware of the craze the drama has created in China, one committee of China’s political advisory body (called the CPPCC) spent a whole morningbemoaning why China can’t make a show as good and as big of a hit.

• The Motion Pictures Exporters Association of America complained regulations and quotas imposed by the South Korean government.

• 8 years later, Hollywood's share of the South Korean movie market had reached a peak of around 80 percent.

• In 1986, the Motion Pictures Exporters Association of America filed a complaint to the United States Senate regarding "unfair" regulations and quotas imposed by the South Korean government on all foreign films.[21]

• In 1988, Twentieth Century Fox became the first American film studio to set up a distribution office in South Korea.

• By the year 1994, Hollywood's share of the South Korean movie market had reached a peak of around 80 percent, and the local film industry's share fell to a low of 15.9 percent.[23]

• Hollywood's Jurassic Park had surpassed the sale of 1.5 million Hyundai automobiles.

Freedom

Under Constitution

• Mandatory review of all films by Korea Public Performance

Ethics Committee: No film may be shown publicly without the

PEC’s review.

• Public showing of a film without the PEC’s review is subject to

criminal punishment.

• Although the PEC is defined as an independent institute, the

PEC has a public power to review all films and all of its

members are all appointed by the Minister of Culture.

Mandatory Review by

Korea Public Performance Ethics Committee

Under Secs. 12 & 13 of the Films Act

Constitutional Court Decision

93Hunga13, 91Hunba10

held on Oct. 4, 1996.

Korea Video Rating Committee

8

쉬리 (1999) - 6,209,898명

실미도 (2003) 웰컴 투 동막골 (2005)

PSY 강남스타일, 유튜브 조회수 20억

Falun Gong demo in China

Candlelight Protests in Korea Arab Spring

The internet due to its features of connectivity and interactivity may facilitate participatory democracy. For example, Falungong Spiritual Movement – most prominent example illustrating the subversive potential of the Internet. E-mail played a central role when its members secretly planned and organised a mass demonstration in Beijing in April 1999

Comments made by some protestors had little basis in science.

www.korizons.com

House wife, Farmers, Low Income People

Daum Agora: information + debates = public sphere: Just like blog journalism in the USA, Internet portals like Naver and Daum, which are equivalents to Google in Korea, supplement and replace traditional media.

FTA concluded in 2007 and passed by National Assembly in 2011 and came into effect in 2012. There have been so many rumors that some of US cows are infected with mad cow disease and so imported beef may affect the public health adversely in Korea

Agora: Public Sphere

Internet Cafe

Comments made by some protestors had little basis in science.

32.3%

29.5%

12.1%

10.1% 10.0%

5.9%

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

30.00%

35.00%

주제

• Competition between newspaper and internet portals • Internet users are relatively young

Internet supplements and replaces traditional media in facilitating participatory democracy

Traditionally, Censorship means the control or suppression by the Government, control of broadcasting or publication of information or ideas.

However,

Government censorship on offline media disappeared. Now we are facing another censorship over the internet: Voluntary censorship by ISP

Difference and similarity between traditional and internet censorship

Agora: Public Sphere

Internet Cafe

• Democracy 2.0 based on internet

• Too much politicization and agitation

• Voluntary regulation

• More censorship and regulations

Internet Democracy to be influenced by censorship and regulations?

Source: OpenNet Initiative by The Berkman Center for Internet & Society

"[Mr] Obama always goes reckless in words and deeds like a monkey in a tropical forest," a spokesman for the NDC's policy department said in a statement published by the North's official KCNA news agency.

A group the FBI believes has ties to North Korea threatened terrorist attacks against cinemas that played The Interview.

Presumably, retaliation was made against North Korea, that is, a total internet black out in North Korea for about 10 hours. All of the internet users, who uploaded dozens of antigovernment agitating messages everyday, suddenly disappeared during the blackout period

National Security,

Reputation Internet users ISP

When ISPs are presumed to know there were defamation on its website:

Supreme Court Decision 2008da53812 held on April 14, 2009

17

Blogs Cafe Daily postings News Items Comments

on News Notices

NHN 33 million 5 million 1.5 million 14,000 98,000 1,500

Daum 3.5 million 7.4 million 3 million 12,000 55,000 1,100

• Filtering certain keywords, or

• Blocking certain keywords from search, or

• Filtering critical postings as well ?

• Censorship by private companies ?

• To reduce defamatory comments and false rumors

• The Act concerning Information Network Promotion and Data Protection required Internet users to verify their identity before posting comments

• Web sites with more than 100,000 visitors a day = 150 popular sites and major newspaper sites

Threat to Privacy Exile to YouTube,

Facebook

Reputation Social order Public moral

The principle of proportionality/ excess prohibition Inefficacy: Policy goal was not achieved Alternative remedies: take down notice, IP address of source

Constitutional Court Decision 2010hunma47․252 held on Aug. 23, 2012.

September 2010, United Nations General Assembly

“When we gather back here next time, we should bring specific commitments to promote transparency; to fight corruption; to energize civic engagement; to leverage new technologies so that we strengthen the foundations of freedom in our own countries, while living up to the ideals that can light the world.”

In all parts of the world, we see the promise of innovation to make government more open and accountable. And now, we must build on that progress. And