hankyoreh

Government control of the Internet is becoming more intense. The Korea Communications Commission wants to require people to confirm their identities online in a wider range of circumstances, and portal sites that do not delete defamatory content are going to be criminally prosecuted. Justice Minister Kim Kyung-han says he is considering the creation of a new crime, that of a “cyber insult.” This is a conspicuous revelation of the administration’s intention to completely control opinion on the Internet, and it is highly likely it will be a serious infringement on the freedom of expression.

If, as the administration wants, any site with more than 100,000 hits a day requires visitors confirm their legal identities, most sites will be required to do so. Proponents might say it’s no big deal, that all people will have to do is put their names on the line and honorably express their views, but that is not always how public opinion communicates. There are many times when, depending on the issue at hand, it is only by guaranteeing anonymity that you can have the free exchange of diverse ideas. If the Internet is going to function as a space for healthy debate in Korean society, then all regulations restricting the free expression of opinion need to be kept to a minimum.

This is not to say there are not side effects, like when people use anonymity to defame the character of another person. However, even without expanding the “real names system,” there are still ways to prevent such negative side effects, like by tracing the Internet user’s Internet Protocol (IP) address. Wanting to force sites to require that people confirm their legal identities is the same kind of thinking that seeks to completely block the open space in front of Seoul City Hall in order to stop the candlelight protests.

The move to prosecute portal sites is the same problem. The Korea Communications Commission’s idea is to require portal sites to delete content instantaneously when a victim of defamation asks that it be done, and to criminally prosecute portal sites that do not cooperate. This would mean that portal sites would have to delete user posts and comments if people who perceive themselves as victims tell them to do so, even before it is legally determined whether the content is actually libelous or defamatory or not. Most likely, portal sites would end up “pre-censoring” Internet posts and, by doing so, would restrict freedom of expression before the expression is voiced.

The justice minister’s comments about “cyber insult” remind you of the military dictatorships, which created things like the crime of “fabricating and spreading groundless rumors” to maintain their regimes. Ultimately, however, their attempts to control disadvantageous public opinion failed.

The administration’s reason for wanting to tighten control of the Internet is clear. They want to put a plug on online opinion that is not pleasing to their tastes. This will not only suppress the constitutionally guaranteed right to freedom of expression, it will also turn back democracy. We hope the administration withdraws its plans for controlling the Internet immediately.

Please direct questions or comments to [englishhani@hani.co.kr]