국내 스트리밍 플랫폼에 대한 규제 공백과 법적 과제: 엑셀 방송 콘텐츠를 중심으로

초록

This study focuses on “Excel broadcasts” a type of content that has recently surged on domestic streaming platforms, sparking controversy over its gambling-like and sexually explicit nature to analyze the gaps in the current regulatory framework for value-added telecommunications service providers and to explore effective legal improvements. Given the structural characteristics of these platforms, where commission fees constitute the primary source of revenue, the current approach relying on ex post corrective measures under the Information and Communications Network Act and platform self-regulation has clear limitations in protecting users. Accordingly, this paper compares and analyzes content regulation trends in major countries, such as the UK’s “Online Safety Act” and China’s “Tuanbo Guidelines,” to derive measures that strengthen platforms’ proactive and structural responsibilities, moving beyond the ex post blocking of individual content. As a specific policy task, it proposes the introduction of a “co-regulatory” governance model in which the government, citizens, and platform operators participate by clearly sharing their roles. To this end, first, it suggests mandating risk assessments and transparency reporting so that platform operators can proactively diagnose the harmfulness of their services. Second, it proposes ensuring the objectivity and promptness of regulation by restructuring the authority of the Korea Communications Standards Commission to a level comparable to the UK’s Ofcom, operating in conjunction with a citizen-participatory monitoring group. Lastly, it emphasizes the critical need to establish strong legal grounds for immediate intervention when primary corrective requests fail, by expanding the authority of the Korea Communications Standards Commission to impose punitive fines proportional to corporate revenue and to fully recover commission profits obtained through harmful content. This study aims to contribute to the establishment of an effective, user-centered media legal framework in future discussions regarding the enactment of an Integrated Media Act and the amendment of the Information and Communications Network Act.

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