Government legislation ministry says unregistered video producers must rate content

The Ministry of Government Legislation said in a response dated June 23 that individuals and entities producing or distributing videos must obtain content ratings even if they have not registered their businesses. The ruling clarifies that the scope of parties required to seek classification from the Korea Media Rating Board includes those operating without a formal video production or distribution report.

Under the Act on the Promotion of Movies and Videos, anyone producing or distributing video content must secure a rating before supply. The ministry determined this requirement applies universally, distinguishing between video business operators and the broader category of those who simply make or distribute videos.

While producers distributing content solely via information and communication networks are exempt from filing a business report under the act, the ministry noted this exemption does not extend to the mandatory content rating system. Limiting the obligation only to registered businesses would create a loophole allowing unreported producers to distribute potentially harmful material without oversight, contradicting the law's intent to block such content preemptively.

The ministry emphasized that the statutory text does not restrict rating duties to those who have filed administrative reports. The decision also rejected arguments that procedural rules allowing publishers to apply for ratings on behalf of businesses imply a narrower scope for the primary obligation, stating that lower-level enforcement rules cannot restrict the statutory mandate imposed by the upper-level law.