Verification Data”); and (3) Article 261, Section (3), Item 3 of former Public Official Election Act (amended by Act No. 13497 on August 13, 2015 and before amended by Act. 14556 on February 8, 2017), Article 261, Section (3), Item 4 of Public Official Election Act (amended by Act No. 14556 on February 8, 2017) and Article 261, Section (6), Item 3 of Public Official Election Act (amended by Act No. 12393 on February 13, 2014) (hereinafter referred to as the “Provision on Fine”) (The Provision on Real-Name Verification, the Provision on Managing Real-Name Verification Data, and the Provision of Fine are hereinafter collectively referred to as the “Provisions at Issue”). Summary of the Decision The Provisions at Issue restrict, among other aspects of freedom of expression, the freedom of anonymous speech. Under this freedom, a user of a bulletin board, etc. may anonymously express and disseminate his/her thoughts and opinions without disclosing his/her identity. These Provisions at Issue, consequently, also restrict both the freedom of the press for internet news sites that seek to form and disseminate public opinion based upon users’ free expression of opinion on the bulletin board, etc. of their websites, and the right to informational self-determination of the users of the bulletin board, etc., with respect to the data on real-name verification results being collected and managed. The legislative objectives of the Provisions at Issue are to avoid the possible social and economic damages and side effects caused by personal attacks and negative propaganda against political parties or candidates, and to ensure a fair election. The Court acknowledges the necessity of regulations to prevent any negative effect that may arise from allowing anonymous expression of opinion. However, where anonymous political speech expressed on the bulletin board, etc. of a website is restricted as specified in the Provisions at Issue, the general public will self-censor and refrain from expressing - 29 -

Sélectionner le paragraphe cible3