Summary of Dissenting Opinion of Three Justices
Although the Provisions at Issue may restrict anonymous expression by
verifying the real name of a user who posts information, they only do so
when such information contains ‘his/her support for or opposition to
candidates or political parties’ and is posted ‘on the bulletin board, chat
room, etc. of an internet news site’ ‘during an election campaign period.’
‘During an election campaign period’ political parties and candidates
compete with each other for the concrete goal of winning an election
and voters competitively express their political opinions regarding the
election. Such intense competition may lead to negative propaganda or
attempts to manipulate public opinion. As an ‘internet news site’ is part
of the mass media wielding influence in forming public opinion, it has a
greater public responsibility for ensuring a fair election during an
election campaign period. The Provisions at Issue broadly define an
internet news site because of the low entry barrier in its establishment
and operation. If an internet news site serves the role of the press, it has
a responsibility to maintain objectivity and impartiality commensurate
with its status. ‘A person’s support for or opposition to candidates or
political parties’ is political expression, which directly relates to the
election results and fiercely competes with the political expression of
others during election campaign periods. Under such distinctive features
and circumstances, where false or distorted information expressing a
person’s support for or opposition to political parties and candidates is
irresponsibly posted on the bulletin board, etc. of a renowned internet
news site, the effects can be compounded by the negative consequences
that may occur in the internet environment. These include the rapid and
widespread dissemination and reproduction of the posting, the acquisition
of biased information, and the reinforcement of bias. These factors make
it difficult to facilitate autonomous correction of such information
through discussion, etc. and, thereby, undermine a fair election.
If a verified person posts information, etc. on the bulletin board, chat
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