an objection or request for a revocation of the temporary measure in
accordance with the Terms of Use provided by the information and
communications services provider. Considering that the objective of
prescribing temporary measure in the Provisions at Issue is to prevent
the chilling effect on information and communications service itself,
which may result from the information and communications services
provider’s compensation liability for a myriad of information in possible
violation of rights, it cannot be viewed that an information publisher’s
freedom of expression is excessively restricted because his/her right to
raise an objection or request for a revocation is not stipulated in the
Provisions at Issue but left in the hands of information and
communications service provider via the provider’s policy. Further, the
temporary measure taken by the information and communications
provider – a private party – is not interpreted as a ban on expression of
the information. As the information can be republished by information
publishers and various other communication channels are present, the
temporary measure prescribed in the Provisions at Issue hardly disturbs
the free formation of public opinion or gravely restricts the freedom of
expression thereof. Considering the above, it is difficult to believe that
any particular circumstance or need to reverse the precedent is perceived
in this case, and therefore, the Court shall maintain legal precedents
from its prior decision.
3. Conclusion
To conclude, the Provisions at Issue do not infringe on the freedom of
expression of the Complainants.
Summary of Dissenting Opinion of Three Justices
The Provisions at Issue – which provide for the temporary measure,
without any further procedural requirements, in a situation where it is
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