hankyoreh

The Lee Myung-bak administration and the ruling Grand National Party have begun to actively use the death of Choi Jin-sil as an excuse to legally define a new crime, that of “cyber insult.” They want to expand the program that requires “real name confirmation” of Internet users and to make it easier to have posted comments deleted.

The GNP says it is going to submit and pass a revision to the Information Communications Network Law that it will call the “Choi Jin-sil Act.” That, however, would only be affixing the name of the deceased in the wrong place. The idea of making a “cyber insult” a crime was Justice Minister Kim Kyung-hwan’s idea back in July, immediately following the candlelight protests, and the purpose then was to put a lid on Internet users criticizing the administration. The plan, at the administration-level, was to require wider-ranging identity checks for people who want to post comments and make it easier to have comments deleted so as to suppress Internet users’ political participation and outspokenness. Now they are trying to use Choi’s death for political purposes. It is crude and inhumane.

The idea is even more dangerous because the approach is that of a witch-hunt that gives the same weight to mean comments and legitimate criticism. The Ministry of Culture, Sports and Tourism has, since May, when the candlelight protests were at their height, collected Internet comments critical of government policy and submits them with their authors’ IDs to prosecutors, police, the Korea Communications Commission, and the Blue House twice a day. If this plan by the GNP and the administration goes forward, it might not be just “vicious comments” that are arbitrarily investigated, punished, or deleted -- it could even happen to Internet posts critical of the government or big business. When there is control and wholesale censorship of the Internet at the government level, you have serious infringement of the constitutional freedom of speech.

“Vicious comments” can be punished well enough even without this “Choi Jin-sil Act.” It would be enough to expand the application of the law on defamation, as it exists in criminal law, and to apply that strictly. But to push ahead with this despite the many negative side effects will make it hard for those involved to evade criticism for excessive legislation that contains political motives.

There are some areas of Internet culture, like vicious comments, that need to be given serious examination. We would be right to find ways of stopping that behavior and improving the culture. The fundamental solution, however, should be sought by Internet users themselves. They should find ways of maintaining order and cleaning the Internet, and decide on ways to regulate, but outside interference, like from government authority, should be kept to a minimum. Government authority, in turn, should not make the behavior of a small number of akpeulleo (people who author “vicious comments”) out to be something that is a problem with the whole of the Internet, and use that to harm the openness and independence of cyberspace and the free exchange of ideas.

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