Posted August. 24, 2012 04:52,
The Constitutional Court on Thursday unanimously ruled the online real-name verification system unconstitutional. The ruling said freedom of speech can be regulated when the restriction is clearly beneficial to the public, adding the law on the system has caused more negative side effects than public interest.
The real-name system, which was introduced by the Roh Moo-hyun administration in July 2007, requires websites to authenticate a user`s identity before allowing him or her to post comments or videos on the Internet. The low-level system, however, prevents other users to see the real name of a certain poster or uploader. As the system allows the use of a pseudonym as long as his or her identity is verified, the better name for the system is limited ID verification system. The intent of the system was to provide a minimum level of protection from anonymous verbal abuse on the Internet.
Because only domestic sites were subject to the requirements, Korean users began to migrate to similar foreign sites not regulated by the system. Foreign residents in Korea could not post on Korean websites because of lack of Korean identification numbers to verify their identities. A series of hacking incidents in many major Korean websites has led to leak of the personal information of millions of users. The Korean government has adopted a new identification system using virtual numbers instead of social security numbers, but to no avail.
Citing the negative effects, the Constitutional Court has sent Internet users back to the days of anonymity. Considering that malicious anonymous comments as good as character assassination and the spread of groundless rumors remains rampant, the ruling is cause for concern. Internet users should remember that the abolition of the real-name verification system does not mean that they are immune from responsibility for making illegal online posts anonymously. Online or offline, libel, insults and smearing are subject to prosecution. The ability of law enforcement agencies to track posters of online violators has significantly improved from five years ago. They can trace most such posters by using their Internet protocol numbers.
The Constitutional Courts ruling has made it impossible for the government to restrict online anonymity. Individuals could be protected to a certain extent. It is impossible, however, to punish those who make groundless criticisms of the state or government, as was the case with Minerva, an online commentator who was acquitted after spreading groundless rumors about the governments economic policy. Korean society must prevent public opinions from being distorted while guaranteeing online anonymity.