Criminal Penalty on False Communication
Case Law- Country
- Country Location
Latitud: 36.5913920669624
Longitud: 127.91189491419985
- Country Location (vinculado Case Law)
- South Korea
- Decision Date
- 28 dic 2010
- Case Status
- Cerrado
- Case Outcome (Procedural)
- Reversed Lower Court
- Case Outcome (Disposition)
- Law or Action Overturned or Deemed Unconstitutional
- Keywords
- Disinformation
- Freedom of Expression
- Public Interest
- Judicial Body
- Constitutional Court
- Case Number
- 2008 Hun-Ba157 2009 Hun-Ba88 (consolidated)
- Case Summary
The Constitutional Court of Korea found that Section 47 0f the Electronic Communications Act violated the rule of clarity through its use of the term "public interest." The Court reasoned that laws restricting freedom of expression must be clear and explicit and that a provision punishing those who communicate false information with an intent to harm the public interest was unclear because it failed to define what harm to the public interest would constitute a crime. Further, the term "public interest" in the provision was fluid and would vary depending on each individual's background so that it was not sufficiently clear to survive the strict scrutiny review applicable to laws restricting freedom of expression.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source Name and URL
- Columbia Global Freedom of Expression