STATES ROLE AND FREEDOM OF EXPRESSION THROUGH THE INTERNET. AN APPRAISAL OF THE CASE OF SOUTH KOREA.

The rights to freedom of expression through the internet is being preserved in the UN Universal Declaration of Human rights and has been attributed a formal recognition by the laws of most states, in a period when the internet is fast becoming the public sphere of the 21^st century. Despite this recognition, the use of censorship justifies the different approaches used by certain states to obscure internet freedom.

The republic of South Korea is a global leader in the field of Information Technology, with initiatives and political will to ensure the freedom of expression through the internet. With a population of about 48.9 million, out of which 39.4 million accounts for the country’s internet users, the internet penetration stands at 82 percent. South Korea’s internet infrastructure is one of the most advanced in the world. This is evident in the fact that South Korea is the world’s highest number of broad band connections per capita and highest rate of Wi-Fi hot spots per capita

South Korea’s high internet penetration rests on a number of state led initiatives. A good example is the Cyber Korea 21, the e-Korea Vision 2006 and the u-Korea Master Plan. According to the Republic of Korea this influence and freedom of expression within the domestic political sphere through the utilisation of internet facilities represents legitimacy in the democratic electoral process.  Korea has the initiative and political will to ensure freedom of expression through the internet, even though measures have also been taking to balance on line security and internet violations. This requires flexibility in the legislature. Thus, The Republic of South Korea has in existences chapters 307 and 310 of the Korean criminal code which seeks to preserve this balance between security and Freedom of expression. 307 state that a publication of any information that may bring another person into disrepute is a criminal act. 310 rather submit that such information or publications will not be objected to criminal law if the information of publications is true and that the purpose of the publications is to promote public interests. Relying on chapter 310 therefore, the Supreme Court of South Korea recently ruled that publication of the facts on internet concerning sexual harassment by a national university professor of a female student is not a punishable act. The court held that Chapters 307 of the criminal code intended to protect reputation of individuals, while 310 intended to balance such rights of an individual against the rights to freedom of expression.

Also, the December 2010 unconstitutional ruling on the Framework Act on Telecommunications which has been abused to restrict freedom of opinion through the internet as per article 47 of the Telecommunications Business Act clearly manifests the willingness South Korea’s judiciary to ensure internet freedom.

Despite the above submission, South Korea still faces some stiff challenges in regards to internet freedom. The real name registration system adopted in 2004 under an amendment to the Public Official Election Act is a call for concern. As internet users are required to verify their identities by submitting the registration numbers when they intend to contribute to web portals and websites with more than 100,000visitors on daily basis, including Google and YouTube. However, twitter and face book are freely available as they are have been exempted from the identity requirement.

Home to pioneering examples of grassroots e-campaigning, the Republic of Korea recognises Article 19 of the Universal Declaration of Human Rights adopted by the General Assembly in 1948. Though seeks to reinforce the growth in telecommunications technology which requires increased legislation to ensure the security of these means, free from abuse or criminal acts. Is this the way forward?

           Edwin Ngome