Freedom of expression

Freedom of expression

Online real-name system to be repealed but steps needed to hinder spread of false information A law requiring contributors to use their real names on the Internet has been ruled unconstitutional. The eight-member Constitutional Court said in a unanimous ruling that the online real-name system restricts freedom of expression guaranteed by the constitution and obstructs the formation of free opinion that forms the basis of democracy. ``In order to restrict freedom of expression, there should be a clear effect of public interest from the real-name system but it was not so in this case,’’ the court said. The top court also said it found no proof that the system helped curb libel or the spread of false rumors and abusive comments. ``Instead, the system caused Internet users to go to overseas sites in an apparent reverse discrimination against domestic operators.’’ The online real-name system took effect in 2007 amid a flurry of celebrity suicides, including actress Choi Jin-sil, motivated by malicious comments on Internet message boards. Under the real-name law, websites with over 100,000 daily visitors required users to submit their identity information. As other reasons for its ruling, the court also cited the possibility of personal information being leaked and the widespread use of social media such as Facebook, which are not subject to the real-name system. With the ruling, the real-name policy will be repealed so people can post comments on the Internet without revealing his or her identity. The court’s decision makes sense in that the regulation has been criticized for discouraging people from voicing dissent out of fear that they may be punished. Civic groups have accused the Lee Myung-bak administration of trying to stifle freedom of speech in cyberspace by stepping up the real-name system and criminally punishing those who post critical comments about the government and its policies. Portal operators and other Internet businesses welcomed the ruling, saying local websites have been at a disadvantage against foreign competitors due to the real-name obligation. In the aftermath of the ruling, however, it’s almost certain that malicious messages, insults and abusive comments will be resurgent and major online message boards will be plastered with false propaganda ahead of the Dec. 19 presidential election. According to a survey conducted by the Korea Internet & Security Agency, nearly 58 percent of Internet users were found to have disseminated false messages or unconfirmed information on the Internet. And more than half of the respondents were victimized because of such malicious comments. We support the Constitutional Court’s ruling in the belief that it is a significant step toward fostering freedom of speech but the malignant environment that necessitated the obligatory use of real names five years ago despite the controversy of unconstitutionality remains the same. Given that libelous and abusive messages are quick to spread and leave extensive damage, the government should do its utmost to uproot online predators that pollute our cyberspace under the cloak of anonymity after the abolition of the real-name system. More than anything else, penalties should be strengthened against online perpetrators. In particular, punitive damages will have to be introduced to make Internet users feel greater responsibility when posting messages. The government, for its part, should come up with measures to make portal operators step up monitoring of their websites. In addition, a system needs to be introduced to allow Internet users to request that Internet operators delete slanderous information.