Promotion of Information and Communication Network Utilization and Information Protection, Etc., including request for deletion of information. Further, new measures to secure a fair election can be introduced that do not obstruct internet users’ freedom of expression and the right to informational self-determination, while at the same time preventing the distortion of public opinion brought about by disinformation. Above all, various reactive sanctions, including prohibition of defamation and slander against candidates, are already in effect against election crimes using the internet. At the current level of technology, measures specified in the Public Official Election are sufficient to identify the personal information of persons who acted in violation of the Act, thereby ensuring a fair election. Despite the reactive sanctions already in place, preemptive and comprehensive restriction of all anonymous expressions through proactive and preventative regulations that are primarily for the convenience of investigation and technological expediency to ensure the effective management of elections is tantamount to treating a vast majority of the people who want to express themselves anonymously as potential criminals. The Provisions at Issue restrict the freedom of anonymous expression and the freedom of the press by forcing users to verify their names on the bulletin board, etc. of an internet news site during an election campaign period when political expressions are most crucial. They also broadly limit the general public’s right to informational self-determination by regulating all anonymous expressions to prevent their negative effects. Such harm should never be underestimated when balanced against the public interest of maintaining fairness in elections. Therefore, the Provisions at Issue violate the rule against excessive restriction, consequently infringing upon the freedom of anonymous expression, the freedom of the press, and the right to informational self-determination, etc. - 31 -