data for identity verification when publishing information on the message
board. It thereby restricts freedom of anonymous expression––a type of
freedom of expression that allows message board users to express and
disseminate their ideas and opinions anonymously, without revealing
their identity to anyone.
2. Whether freedom of anonymous expression has been infringed
Identity Verification Measures, under the Provision at Issue, minimize
the adverse effect due to, inter alia, the anonymity of information and
communications networks, and thus, serve the purpose of ensuring and
strengthening the accountability in using message boards of Public
Institutions. Identity Verification Measures also discourage users of
message boards from engaging in acts including verbal abuse,
defamation, and spreading illegal information, thus serving the purpose
of fostering a sound internet culture. For these reasons, the Provision at
Issue has legitimate purposes and is an appropriate means of achieving
those purposes.
The message boards regulated by the Provision at Issue are, in terms
of their nature, a place where issues of public nature are usually discussed.
This space requires a stronger responsibility as a member of the community
because its users can be anyone, and this tends to be more so in such
space than message boards installed and operated by entities other than
Public Institutions. Where data embodying verbal abuse, defamation,
illegal information, etc. are published on the message boards installed
and operated by Public Institutions, this may undermine the credibility of
those message boards, resulting in harm to their users and interruption of
normal operation of Public Institutions. Therefore, there is a high need to
maintain the public nature and credibility of the message boards installed
and operated by Public Institutions, through Identity Verification Measures,
which ex ante ensure accountability and soundness. It does not seem
unduly burdensome to ask users to verify their identity as a condition of
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