criticism out of fear of political retaliation. Even if a person, overcoming such fear, anonymously expresses critical opinions, such expression may be deleted for failing to have his/her real name verified in accordance with the Provisions at Issue. This will suppress the exchange of different opinions in the ‘free market of ideas’ shaped by the Internet, which may ultimately create a chilling effect on the people’s expression of opinion and hinder the free formation of public opinion upon which democracy depends. Aside from anonymity, other elements contribute to the negative effects of anonymous political expression during the period of an election campaign. These include the content of the anonymous expression, the relevant system regulating political expression, and other political and social circumstances. Therefore, preemptive and comprehensive regulation of all anonymous expressions will excessively restrict the freedom of anonymous expression and the right to informational self-determination by prioritizing administrative and regulatory convenience over freedom of expression. Because the restrictions on anonymous freedom of expression are imposed during an election campaign period when free political expression is most critical, because the restrictions are based on abstract possibilities that the Provisions at Issue may lead to a decline in unlawful expression rather than concrete risks, and because the restrictions apply a broad definition of “internet news site”, these restrictions on fundamental rights are no less important than the public interest objectives that the Provisions at Issue seek to achieve. The fairness of elections, an objective of the real-name verification system, can be sufficiently achieved by other means that do not restrict internet users’ freedom of expression or their right to informational self-determination. The Public Official Election Act prohibits the distribution of information in violation of the Act by regulating election campaigns that utilize information and communications networks. Thus, persons whose privacy was intruded upon or who were defamed may make use of means or temporary measures stipulated in the Act on - 30 -

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