Agency Advocates Online Freedom of Expression

By Park Si-soo
Staff Reporter

The state human rights agency recommended Tuesday that the government withdraw a bill that would mandate Web sites that receive more than 100,000 hits daily to identify the authors of postings made on their bulletin boards, arguing it suppresses freedom of expression.

The National Human Rights Commission (NHRC) said in a statement, "The freedom of expression is a key value upholding democracy and is guaranteed by the Constitution. A country with imperfect freedom of this kind cannot be seen as a democratic state".

The suggestion came as the government seeks legislation to contain reckless distribution of groundless information on the Internet through anonymous postings on major Web sites.

In fact, some Web sites have been described as "hotbeds" for rumors with malicious intent designed to deal a blow to celebrities and public figures.

The drawbacks related to anonymity in cyber space drew the attention of the public when popular actress Choi Jin-sil committed suicide in October 2008 following postings based on rumors that she was a loan shark.

Her death galvanized legislators and policy makers to come up with appropriate countermeasures to prevent a repeat of such a tragic incident.

The human rights agency said it has yet to be proven that mandating users to disclose their identity before making postings will help curtail the circulation of false rumors.

"If approved, it would pose a grave threat to privacy", said Park Sung-hoon, an NHRC official.

According to the commission, U.S. courts maintain that anonymity on the internet protects the freedom of expression.

In 2003, the European Union also declared a similar stance, the commission said.

"Korea doesn't have a legal article or judicial ruling that upholds the decision", Park said.

"But Article 18 of the Constitution states that nothing can infringe upon the people's right to keep what they say and write anonymous".

Meanwhile, the Constitutional Court has reviewed a petition a popular blogger filed last year to revise the Telecommunication Law that puts those spreading false rumors on the Internet behind bars for up to five years or hits them with a fine of 50 million won.

The blogger, who is well known by his Internet alias "Minerva", claimed it unduly restricts the freedom of expression, a guaranteed right by the Constitution.

The exact date for the ruling over the issue has yet to be determined, said Roh Hee-bum, a representative of the court.

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