Ban on Internet Distribution of Obscene Materials Case
Case Law- Country
- Country Location
Latitude: 36.5913920669624
Longitude: 127.91189491419985
- Country Location (Lié Case Law)
- South Korea
- Decision Date
- 28 mai 2009
- Case Status
- Affaire Résolue
- Case Outcome (Procedural)
- Motion Granted/Motion Denied
- Case Outcome (Disposition)
- Law or Action Upheld
- Keywords
- Freedom of Expression
- Obscenity
- Judicial Body
- Constitutional Court
- Case Number
- 2006Hun-Ba109
- Case Summary
The Constitutional Court of South Korea found that an Act which penalized the distribution of obscene materials was constitutional because the relevant provision did not violate the rule of clarity nor the prohibition on excessive restriction/principle of proportionality. However, the Court also set an important precedent in its judgment by recognizing that not all obscene materials should be refused protection under the Constitution's guarantees of freedom of expression. In so doing, the Court reasoned that an expression cannot be excluded from the boundary of protection of the freedom of expression at the outset just because it contains certain content. Instead, it said that "insulting expressions” that may infringe on others' reputation or rights are to be protected as freedom of speech guaranteed under Article 21 of the Constitution, but that such expressions can be restricted for the purpose of national security, maintenance of law and order, or public welfare.
- Case Significance
The decision does not establish a binding or persuasive precedent within its jurisdiction.
- Source Name and URL
- Columbia Global Freedom of Expression
- Collection
- CIPIT
- Date Updated
- 13 mai 2024