The Korean Constitutional Court, unanimously, declared Clause 5 of Article 44 of the Act on the Promotion of Information and Communication Network Utilization and Protection implemented in 2007 unconstitutional in late August of this year. This Korean law was passed in reaction to suicides of Korean celebrities. These celebrities were criticized online for various improprieties and alleged improprieties. The law required, on certain websites, the logging into the website with one’s national identification number, thus, limiting the ability to speak anonymously.
Numerous Constitutional Law scholars and free speech advocates emphatically argued that the law was nothing more than an attempt to stifle political speech. Since, naturally, posters would fear the wrath of the government if criticism was levied against the government or heads of Korean corporations.
The Constitutional Court, in striking down the law, noted that: “Restriction on freedom of expression can be justified only when it is clear that it benefits the public interest.” This vague tests, inter alia, was applied to strike down the law.
__________
Sean Hayes, IPG’s Co-Chair of the Korea Practice Team, may be contacted at: [email protected]
Similar Posts:
- “Cause” Needed to Terminate During Probationary Period in Korea?
- Non-Acceptance of Government Report Grounds for an Appeal to Korean Court
- Defamation Law Under Korean Law
- Selection of Justices at the Constitutional Court Fundamentally Flawed?
- Korean Administrative Court Stands Up for the Right to Assemble: Korea Queer Culture Festival
- Korean Cryptocurrency Case Filed to the Korean Constitutional Court: Korean Bitcoin Updates
- Legality of an Employer Lockout in Korea: Korean Labor & Employment Law Basics
- Short Selling at the Korea Stock Exchange Permitted – Don’t Forget the Disclosure Requirements
- The Korean Law Blog cited by the Washington Post on the Freedom of the Press in Korea
- Choice of Law Issues in Employment Disputes in Korea
You must log in to post a comment.