using the message board. Therefore, the Provision at Issue satisfies the
least restrictive means test.
The degree to which the fundamental right is limited by the Provision
at Issue is not substantial in light of the following factors: that the use
of message boards is not the only way for anonymous expression
directed at Public Institutions; that Public Institutions cannot be
considered to have a general statutory obligation to install and operate
message boards; that the Provision at Issue limitedly applies to the
message boards installed and operated by Public Institutions. In contrast,
there is a significant public interest in fostering a sound internet culture
by preventing verbal abuse, defamation, and distribution of illegal
information on the message boards installed and operated by Public
Institutions. Therefore, the Provision at Issue satisfies the balance of
interests test.
Accordingly, because the Provision at Issue is in compliance with the
rule against excessive restriction, it does not infringe the freedom of
anonymous expression of Complainant.
Summary of Dissenting Opinion of Four Justices
If data including verbal abuse, defamation, or illegal information are
published on a message board, a number of actions can be taken, including
deletion of the data by a message board administrator; issuance of an order
requiring a message board administrator or operator to refuse, suspend,
or restrict transmitting illegal information; and holding the user civilly or
criminally liable for publishing the data in question. Through these
means, it is possible to achieve the legislative purpose of fostering a
sound internet culture. Depending on the objective or character of a
message board installed and operated by Public Institutions, there may be
occasions where freedom of anonymous expression needs to be limited,
such as when a Public Institution runs a message board where complaints
or petitions can be posted. In such cases, however, a statutory basis can
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