information, openly and with intent to disparage the person’s reputation” shall be prohibited, establishing a new regulation regarding prohibition on distribution of illegal information (Article 44-7(1) Subparagraph 2 of the Information and Communications Network Act); and a person who fails to comply with an order issued by the Korea Communications Commission in accordance therewith shall be punished (Article 73 Subparagraph 5 of the Information and Communications Network Act). Even in the case where information violating the provisions of the Public Official Election Act was posted on a website, etc. or transmitted through an information and communications network, measures such as the deletion of the corresponding information, etc. are possible (Article 82-4(3) and (4) of the Public Official Election Act). 2) The need for punishment of an act of defamation Abolition of criminal defamation alleging facts (Article 307(1) of the Criminal Act) has been discussed, but as the methods of defaming another or the places where another’s reputation is defamed with the advancement of scientific technology become diverse and new, criminal defamation is no longer a crime under the Criminal Act; the Information and Communications Network Act is applied when using the Internet; and the scope and regulation of punishment therefor through the Special Act in accordance with the purpose, means, and method of defamation has become further expanded. Regardless of whether the facts which has been socially revealed are true, some parts which ought to be protected exist, and in particular, release of essential aspects of the privacy of individuals which forms the core of personality rights per se possibly causes serious encroachment on fundamental personal rights. With the development of the Internet and SNS, such infringement on another’s reputation occurs massively, as a serious infringement on personality rights which is irreversible as a result of the disclosure about privacy of individuals, distorted suspicions, expressions of dislike and hatred and biased opinions due to the immaturity of Internet culture is caused, side effects such as suicide, etc. are being mass produced. A proper and effective means sufficient to replace punishment is not invigorated currently. In this regard, the need for punishment of defamation still exists regardless of whether the facts alleged are true or false. C. Significance of publicity of criminal defamation and Supreme Court precedents 1) Significance of publicity