Case on Taking a Temporary Measure on the Information
Disclosed via Information and Communications Network
[2016Hun-Ma275, 2016Hun-Ma606, 2019Hun-Ma199 (consolidated),
November 26, 2020]
In this case, the Court held that the part “temporary measure” of
Article 44-2 Section 2 and Section 4 of the said provision of Act on
Promotion of Information and Communications Network Utilization and
Information Protection, Etc. – which require a provider of information
and communications services to take, for a period not exceeding 30
days, a temporary measure of blocking access to information publicly
disclosed through an information and communications network if such
information invades privacy, defames reputation, or violates a right of an
individual in other ways, if the individual requests for deletion of such
information, and if it is difficult for the provider to ascertain the
violation of the individual’s right or the provider anticipates that a
dispute will arise between the interested parties with respect to such
information – do not infringe on the freedom of expression of
Complainants.
Background of the Case
A blog post by Complainant Kim ○○ (of 2016Hun-Ma275 case),
published on Complainant’s blog, was put under a measure that
temporarily blocks its public access (hereinafter, “temporary measure”)
by the provider of information and communications services △△ Inc.
upon the request from □□ Inc. to suspend the post.
A blog post by Complainant Lim ◆◆ (of 2016Hun-Ma606 case),
published on Complainant’s blog, was put under the temporary measure
by the provider of information and communications services ♠♠ Inc.
upon the request from Pastor Oh ◉◉ and ★★ Church Foundation to
delete the post.
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