room, etc. of an internet news site, the posting does not disclose his/her
personal information. It only shows the sign of a verified real name.
Therefore, the person’s ‘anonymity’ is guaranteed. Data on real-name
verification results is separately managed to provide the information as
requested by the National Election Commission for ensuring a fair
election process. Thus, the verification requirement creates a chilling
effect only to this extent. It is a preventive measure that makes a person
who wishes to post information anonymously aware of the risk of
possible unlawful acts.
Therefore, the restrictions on the freedom of anonymous expression
imposed by the Provisions at Issue are indispensable in terms of their
scope and extent, and it is difficult to come up with less restrictive
alternatives on the right to self-determination over personal information,
which are inseparable as the means to guarantee such freedom.
For an internet news site characterized by openness and interactivity,
the formation and dissemination of public opinion based on information
and expression of opinion provided by users on the bulletin board, etc.
of a website form an integral part of its press activities. Accordingly, an
internet news site has public responsibility for managing information, etc.
freely posted by users on the bulletin boards, etc. in order to secure the
fairness of elections. Therefore, the restrictions on the freedom of the
press granted to internet news sites, or the restrictions on the freedom of
anonymous expression of the users of the bulletin boards, etc., do not
violate the principle of the least restrictive means test.
The Provisions at Issue limit their application to the minimum extent
necessary to prevent the risk of undermining a fair election in
consideration of the influence and responsibility of internet news sites; it
is hard to conceive of other means that can achieve the legislative intent
to the same extent as the Provisions at Issue. Notably, the provision on
imposing a fine cannot be deemed to impose excessive restrictions on
the freedom of the press for internet news sites. For the foregoing
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