31. Removal of Posts Containing Unlawful Information Case [26-2(A) KCCR 466, 2012Hun-Ba325, September 25, 2014] In this case, the Court upheld subparagraph 8 of Article 44-7 Section 1 and Section 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. that bans circulation of “information with a content that commits an activity prohibited by the National Security Act” through an information and communications network and orders the Korea Communications Commission to reject, suspend or restrict handling of information falling under certain conditions. Background of the Case (1) The complainants are managers/operators of an online message board. The Commissioner General of the Korean National Police Agency urged the Korea Communications Commission to order the complainants to delete posts written by users of a website they manage and operate, arguing that the posts contain information with a content that commits an act prohibited by the National Security Act. In addition, the Korea Communications Commission requested a review of the content of the said posts to the Korea Communications Standards Commission, which in turn demanded removal of the posts to the complainants, stating that the messages qualify as unlawful information containing activities banned by the Act as they include praises of Kim Il-sung and Kim Jong-il, as well as propaganda and agitation of North Korea’s ideology and perception such as military-first politics. (2) The complainants notwithstanding did not delete the stated posts, and the Korea Communications Commission ordered the complainants to remove the posts from the message board in accordance with Article 44-7 Section 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. In response, the