[governance] South Korean Constitutional Court declares Internet "Real Name Policy as Unconstitutional"

Tue Aug 28 13:49:38 EDT 2012

Quite an interesting move by the Korean government. I wonder how it will
evolve on the long run.

Fahd

On Sun, Aug 26, 2012 at 4:27 PM, Salanieta T. Tamanikaiwaimaro <
salanieta.tamanikaiwaimaro at gmail.com> wrote:

> Source:
> http://english.khan.co.kr/khan_art_view.html?artid=201208241354087&code=790101 accessed
> 27/8/12
>
>  Internet "Real Name" Law Violates the Constitution, Of Course
> Posted on : 2012-08-24 13:54
>
>    - Zoom
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>    - <http://me2day.net/posts/new?new_post[body]=%22Internet+%26quot%3BReal+Name%26quot%3B+Law+Violates+the+Constitution%2C+Of+Course%22%3Ahttp%3A%2F%2Fenglish.khan.co.kr%2Fkhan_art_view.html%3Fartid%3D201208241354087%26code%3D790101&new_post[tags]=khan>
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>    - <http://twtkr.com/index.php?status=Internet+%26quot%3BReal+Name%26quot%3B+Law+Violates+the+Constitution%2C+Of+Coursehttp%3A%2F%2Fenglish.khan.co.kr%2Fkhan_art_view.html%3Fartid%3D201208241354087%26code%3D790101&link_source=khan>
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>
> The Constitutional Court has decided that the Internet "real name" policy
> is unconstitutional.
>
> The judges unanimously voted that clause 5 of article 44 in the Act on
> Promotion of Information and Communications Network Utilization and
> Information Protection, which requires websites with more than an average
> of 100,000 visitors a day to verify the real name of the user when the
> person posts on the website, violated the Constitution.
>
> We welcome the court's decision to protect the freedom of speech by
> abolishing this anachronistic regulation.
>
> The court ruling was mainly supported by the fact that the real name
> policy infringes the users' right to free speech and to determine personal
> information, along with the operators' freedom of speech. The court pointed
> out, "If we are to restrict freedom of expression, public interests we
> would thereby acquire must be clear.
>
> On August 23 at the Constitutional Court, the judges are seated to
> announce their decision that the Internet real name policy is
> unconstitutional. From the left are the justices, Lee Jung-Mi, Song
> Doo-Hwan, Lee Dong-Heub, Kim Jong-Dae, Lee Kang-Kuk, Min Hyeong-Ki, Mok
> Young-Jun, Park Han-Chul. Yonhap news
>
>
> We have yet to see a sharp decline in illegal postings, and with users
> fleeing to overseas websites, the policy has caused reverse discrimination
> between domestic and overseas businesses. Taking these factors into
> consideration, it is difficult to say that we have contributed to public
> interest."
>
> Apparently, the court has agreed with most of the arguments made by the
> civic society in their efforts to abolish the real name system.
>
> The real name policy was introduced in 2007 to prevent harmful
> consequences of vicious comments made anonymously. Originally, it was
> targeted to websites with more than 300,000 visitors a day, but in 2009 the
> number was lowered to 100,000 visitors, forcing most major websites to
> follow the policy.
>
> However, people criticized the system, questioning its effectiveness and
> claiming that it only obstructed free speech. As a series of large scale
> hacking incidents occurred at sites run by Auction, SK Communications, and
> KT, people pointed out that the policy only encouraged leaks in personal
> information.
>
> Since the candlelight rallies, the Lee Myung-bak government has constantly
> tried to put a gag on the Internet by reinforcing the real name system and
> by arresting the Internet columnist known as Minerva. They claimed that
> they were preventing libel, but underneath their claims is an
> anti-democratic mind that is trying to muzzle unfavorable press coverage.
>
> Why else would *The New York Times* point out, "Online anonymity is
> essential for political dissidents... and for corporate whistle-blowers,"
> criticizing Korea's real name policy last year?
>
> Hiding behind online anonymity and spreading false rumors or slandering
> someone with abusive words is clearly an act of violence. However, the
> court's decision has confirmed that implementing a real name policy to
> control these actions is like burning the house down to roast the pig.
>
> Some are concerned that this decision may have side effects, such as the
> defamation of celebrities online. However, these wrongdoings can be
> punished by tracing the Internet address of the user.
>
> The increase in freedom of speech may bring some discomfort for the time
> being, but still it is something we should bear. As the Constitutional
> Court pointed out, "The freedom of expression is an important
> constitutional value, which is the basis of democracy."
>
> --
> Salanieta Tamanikaiwaimaro aka Sala
> P.O. Box 17862
> Suva
> Fiji
>
> Twitter: @SalanietaT
> Skype:Salanieta.Tamanikaiwaimaro
> Fiji Cell: +679 998 2851
>
>
>
>
>
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