In a society integrated with cutting-edge technology as a result of scientific and technological advancements, digital sexual crimes are becoming increasingly sophisticated and rapidly expanding (Hamby et al., 2018). Illegal recordings and sex crimes utilizing deepfake technology go beyond individual offenses, spreading globally through online platforms and exacerbating the harm inflicted on victims. Notably, the majority of illegal content is shared
via social media, where the inherent anonymity, an aspect of social media’s dual nature—facilitates and encourages the proliferation of such crimes (Döring., 2009).
However, legal regulations on digital sexual crimes remain inadequate. The scope of responsibility for platform operators is unclear, and even when they neglect to prevent illegal content or delay removal requests, they often face little to no legal consequences. While some countries have introduced legislation to strengthen the accountability of online platforms, many domestic regulations still rely on self-regulation, resulting in a lack of clear and effective measures.
To address these issues, it is essential to establish clear regulations defining the responsibilities of online platforms and implement stronger legal measures. Platforms should no longer be seen merely as service providers but as key entities responsible for preventing and responding to digital sexual crimes.
This article examines the impact of online platforms on the spread of digital sexual crimes, analyzes the limitations of current legal responses, and highlights the necessity of strengthening platform accountability.
The Impact of Online Platforms on Digital Sexual Crimes
One of the most significant characteristics of digital sexual crimes is their ability to spread more widely and rapidly than offenses committed offline (Say et al., 2015). This is primarily because online platforms serve as the main distribution channels for illegal recordings and exploitative content. Various digital spaces, including social media, anonymous communities, and messaging apps, facilitate the dissemination of illegal materials, with algorithmic systems often exacerbating their reach.
In particular, if platforms fail to take proactive measures to block illegal content, these crimes will continue to evolve into more sophisticated forms, leading to a growing number of victims. The root of this issue lies in the lack of clear accountability on the part of online platforms. Therefore, stronger regulations are necessary to ensure that these platforms take responsibility for preventing and addressing digital sexual crimes. Current Legal Regulations and Their Limitations
In South Korea, various laws exist to punish digital sexual crimes; however, there remains a significant lack of legislation that clearly defines the responsibilities of online platforms (Kim., 2017). While current legal provisions allow for the prosecution of individuals involved in the distribution of illegal recordings, the criteria for holding platform operators accountable for hosting and disseminating such content remain vague.
When illegal recordings are uploaded, the lack of strict enforcement mechanisms against platforms that fail to respond swiftly has resulted in ineffective deterrence. This regulatory gap continues to allow the widespread circulation of illegal content. Furthermore, platforms operating on overseas servers often fall outside the jurisdiction of domestic laws, making legal intervention even more challenging.
These legal loopholes not only exacerbate the suffering of victims but also create an environment where perpetrators can continue their crimes with minimal consequences. To effectively combat digital sexual crimes, it is crucial to establish clear legal accountability for online platforms and implement stricter measures to ensure their proactive role in preventing and addressing such offenses (Kim., 2020).
The Need for Strengthening Legal Accountability of Platforms
To effectively prevent digital sexual crimes, it is necessary to strengthen the legal responsibility of online platforms and enforce stricter regulations (Lewis and Lewis., 2011). Currently, many platforms maintain a stance as “neutral technology providers,” avoiding fundamental responsibility for illegal content. However, considering that the scope of harm in the digital space is far broader than that of crimes in the physical world, platforms must take on a much stronger and more proactive role in their responsibilities.
A Warning on Digital Sexual Crimes
Digital sexual crimes cause severe physical and mental suffering to victims, and online platforms must play a crucial role in preventing the recurrence of these crimes. However, many platforms currently avoid responsibility or rely solely on self-regulation, leaving victims without immediate protection and allowing perpetrators to cleverly evade punishment. Crimes in the digital space must no longer be overlooked and should be recognized as a
serious social issue with significant risks. To address this, related laws and technologies capable of identifying primary offenders must be developed, and platform operators must acknowledge their substantial social responsibility and actively confront these challenges.
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