Verification Data”); and (3) Article 261, Section (3), Item 3 of former
Public Official Election Act (amended by Act No. 13497 on August 13,
2015 and before amended by Act. 14556 on February 8, 2017), Article
261, Section (3), Item 4 of Public Official Election Act (amended by
Act No. 14556 on February 8, 2017) and Article 261, Section (6), Item
3 of Public Official Election Act (amended by Act No. 12393 on
February 13, 2014) (hereinafter referred to as the “Provision on Fine”)
(The Provision on Real-Name Verification, the Provision on Managing
Real-Name Verification Data, and the Provision of Fine are hereinafter
collectively referred to as the “Provisions at Issue”).
Summary of the Decision
The Provisions at Issue restrict, among other aspects of freedom of
expression, the freedom of anonymous speech. Under this freedom, a
user of a bulletin board, etc. may anonymously express and disseminate
his/her thoughts and opinions without disclosing his/her identity. These
Provisions at Issue, consequently, also restrict both the freedom of the
press for internet news sites that seek to form and disseminate public
opinion based upon users’ free expression of opinion on the bulletin
board, etc. of their websites, and the right to informational
self-determination of the users of the bulletin board, etc., with respect to
the data on real-name verification results being collected and managed.
The legislative objectives of the Provisions at Issue are to avoid the
possible social and economic damages and side effects caused by
personal attacks and negative propaganda against political parties or
candidates, and to ensure a fair election. The Court acknowledges the
necessity of regulations to prevent any negative effect that may arise
from allowing anonymous expression of opinion.
However, where anonymous political speech expressed on the bulletin
board, etc. of a website is restricted as specified in the Provisions at
Issue, the general public will self-censor and refrain from expressing
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