Constitutional Appeal Against Amended Information and Communications Network Act Dismissed Over Lack of Specific Rights Infringement

▲ Constitutional Court

A constitutional appeal filed against the amended Information and Communications Network Act, which bans the dissemination of false and manipulated information, has been rejected during the preliminary review by the Constitutional Court.

The designated panel of the Constitutional Court dismissed the constitutional complaint seeking a confirmation of unconstitutionality, which was filed by lawyer Gong Won-jun regarding Article 44-7, Paragraph 1, Item 2-2 of the amended Information and Communications Network Act, yesterday (the 21st).

The Constitutional Court stated the reason for dismissal, explaining, "The claimant merely makes a vague assertion that his fundamental rights are being restricted by the relevant provision in his capacity as an internet user, and it is difficult to see that the claimant's fundamental rights are being currently and specifically infringed upon in reality."

It added, "Even assuming that a cause may arise for the claimant in the future and that there is a concern of fundamental rights infringement, this is merely potential and cannot be regarded as a case where a future infringement of fundamental rights is reliably anticipated."

The provision in question designates information among illegal content that "openly incites direct violence or discrimination against a specific individual or group on the grounds of race, country, region, gender, disability, age, social status, income level, or property status, or information that severely fosters feelings of hatred and significantly undermines human dignity."

Upon filing the constitutional appeal on the 7th, lawyer Gong argued, "The definitions of the listed words, including discrimination, are ambiguous and violate the constitutional principle of clarity," adding, "Ultimately, it becomes a rule that can be interpreted any which way, infringing upon freedom of expression."

Passed through the National Assembly under the leadership of the Democratic Party of Korea and implemented on the 7th, the amended Information and Communications Network Act includes provisions that hold media outlets and YouTubers accountable for punitive damages if they intentionally distribute false and manipulated information.

People Power Party lawmaker Choo Jin-woo also criticized the amended Information and Communications Network Act as a "law to silence the public" and announced that he had initiated constitutional appeal procedures.

(Photo: Yonhap News)

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