Identity Verification System on Internet
Case Law- Country
- Country Location
Latitude: 36.5913920669624
Longitude: 127.91189491419985
- Country Location (linked Case Law)
- South Korea
- Decision Date
- Aug 23, 2012
- Case Status
- Closed
- Case Outcome (Procedural)
- Motion Granted
- Case Outcome (Disposition)
- Law or Action Overturned or Deemed Unconstitutional
- Keywords
- Data Protection and Retention
- Defamation
- Privacy
- Judicial Body
- Constitutional Court
- Case Number
- 2010Hun-Ma47, KCCR : 24-2(A) KCCR 590
- Case Summary
The Constitutional Court of Korea held that Article 44-5 of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Verification of Users Identity for Open Message Boards) was unconstitutional as an excessive restraint on speech and an infringement of citizens' rights to freedom of expression, self-determination and private information and freedom of the press. The Court reasoned that while the Act's purpose to restrain illegal acts was legitimate, there were less restrictive ways that this could be achieved and that because of this, and the large amount of users targeted through the legislation, the Act was an excessive restraint. This case sets a precedent in expanding expression in South Korea and is a huge step forward for free speech activists
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source URL
- Columbia Global Freedom of Expression