Article 40(Disaster broadcasting services) #
(1) Where any disaster defined in Article 2 of the Countermeasures against Natural Disasters Act, disaster defined in Article 3 of the Framework Act on the Management of Disasters and Safety, or any civil defense crisis defined in Article 2 of the Framework Act on Civil Defense occurs or is likely to occur, any of the following business entities shall render disaster broadcasting services or broadcasting services for civil defense warnings (hereinafter referred to as "disaster broadcasting services, etc."), aimed at preventing a disaster or civil defense crisis or mitigating resulting damage by providing information necessary for evacuation, rescue, restoration, etc.; provided, a business entity falling under subparagraphs 2, 3, and 5 may transmit disaster broadcasting services, etc. in the form of subtitles: <Amended on Dec. 22, 2015>
1. A terrestrial broadcasting business entity under subparagraph 3a of Article 2 of the Broadcasting Act;
2. A CATV broadcasting business entity under subparagraph 3b of Article 2 of the Broadcasting Act;
3. A satellite broadcasting business entity under subparagraph 3c of Article 2 of the Broadcasting Act;
4. A program provider under subparagraph 3d of Article 2 of the Broadcasting Act (limited to program providers engaging in general programming or specialized programming of news reports);
5. An Internet multimedia broadcast service provider under subparagraph 5a of Article 2 of the Internet Multimedia Broadcast Services Act.
(2) Where disaster broadcasting services, etc. are not provided until any of the following events or where such services, etc. are deemed necessary for the prevention, evacuation, rescue, restoration, etc. in connection with a disaster or civil defense crisis, the Korea Media and Communications Commission may request all or some of the broadcasting business entities under each subparagraph of paragraph (1) to render disaster broadcasting services, etc. without delay as prescribed by Presidential Decree. In such cases, the broadcasting business entities shall comply therewith unless there is a compelling reason not to do so: <Amended on Dec. 22, 2015; Jul. 26, 2017; Oct. 1, 2025>
1. Declaration of the state of disaster under Article 36 of the Framework Act on the Management of Disasters and Safety;
2. Issuance of a forecast and alert of disasters under Article 38 of the Framework Act on the Management of Disasters and Safety;
3. Issuance of a civil defense warning under Article 33 of the Framework Act on Civil Defense (excluding where civil defense training is conducted).
(3) A broadcasting business entity under each subparagraph of paragraph (1) shall observe the following in rendering disaster broadcasting services, etc.: <Amended on Dec. 22, 2015>
1. It shall provide information on disaster status in an accurate and timely manner;
2. It shall provide information necessary for evacuation, rescue, restoration, etc. to the residents, victims, etc. in an affected area;
3. It shall not harm the reputation of or violate privacy of victims and their family members;
4. It shall not force a question, answer, interview, etc. (hereinafter referred to as "interview") on victims or their family members;
5. It shall obtain consent from a legal representative of a minor to an interview before interviewing the minor among victims and their family members;
6. It shall render corrective broadcasting services where the details of disaster broadcasting services, etc. are untruthful.
(4) The Korea Media and Communications Standards Commission under Article 18 of the Act on the Establishment and Operation of the Korea Media and Communications Commission shall monitor disaster broadcasting, etc. conducted by broadcasting business entities under the subparagraphs of paragraph (1) and notify the Korea Media and Communications Commission of the results thereof. <Amended on Dec. 22, 2015; Jul. 26, 2017; Oct. 1, 2025>
(5) The broadcasting business entities under each subparagraph of paragraph (1) shall draw up and provide a manual for disaster broadcasting services, etc. which includes the matters to be observed under paragraph (3), considering the characteristics, etc. of transmitting disaster broadcasting services, etc. <Amended on Dec. 22, 2015>
(6) The broadcasting business entities under each subparagraph of paragraph (1) shall provide training sessions on the manual for disaster broadcasting services, etc. under paragraph (5) to program producers, technical personnel, reporters and announcers, etc. involved in disaster broadcasting services, etc. <Added on Dec. 22, 2015>
(7) Except as provided in paragraphs (1) through (6), details necessary for the provision, operation, etc. of disaster broadcasting services, etc. shall be prescribed by Presidential Decree. <Added on Dec. 22, 2015>
[Title Amended on Jan. 17, 2012]