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| The law had been intended to discourage users from posting libellous comments on the web |
A law
requiring South Korea's citizens to use their real names on websites has been
struck down by a panel of judges.
The
country's Constitutional Court said the rule restricted freedom of speech and
undermined democracy.
The
requirement was introduced in 2007 as part of efforts to tackle cyber-bullying.
But the
judges said users had switched to overseas sites where they continued to
conceal their identity, putting local services at a disadvantage.
There had
also been complaints that the system had made it easier for cybercriminals to
commit identity theft.
Fake
scandals
The
"internet real-name system" stipulated that news media sites with
more than 100,000 visitors a day had to record the real identities of visitors
who had posted comments. The users' resident registration numbers were used as
verification.
The move
was introduced following a spate of posted comments describing fabricated sex
scandals, made-up plastic surgery operations and other untrue controversies
involving celebrities.
Local
reports had linked a number of suicide attempts to the problem.
The idea
behind the law was that users' details could be disclosed if the victims of
malicious reports wanted to sue for libel or infringement of privacy.
But the
eight judges unanimously voted against the law saying the public gains achieved
had not been substantial enough to justify restrictions on individuals' rights
to free speech.
They said
that the policy discouraged people from criticising influential people and
groups because of fears they would be punished.
"Expressions
under anonymity or pseudonym allow (people) to voice criticism on majority
opinion without giving into external pressure," the court said.
"Even
if there is a side effect to online anonymity, it should be strongly protected
for its constitutional value."
Chinese
rumours
The ruling
comes months after China's Twitter-like microblogging services were ordered to
ensure their members had registered accounts under their real names.
The
authorities had complained about "unfounded rumours" being posted on
the service.
The
services face being shut down if users fail to comply.
But the
country's leading provider, Sina, has admitted it has had problems verifying
the millions of users' details involved.
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