Identifying the Problem: Koreas Initial Experience with Mandatory Real Name Verification on Internet Portals

Abstract

In 2007, Korea implemented the worlds only mandatory real name verification system for individuals wishing to post content on popular Korean internet portals. This system, which expanded in 2009 to include additional portals, has so far been relatively ineffective at its stated purpose of reducing instances of online libel. Together with Koreas censorship of certain internet sites, the real name verification system distinguishes Korea as regulating internet use more heavily than other democratic societies. I argue that the real name verification system is unlikely to successfully deter future acts of

cyber libel, but will rather hinder socially useful online activities, such as free expression on matters of social and political significance. Possible means for strengthening enforcement of the real name verification system would provide little promise of preventing defamation while further interfering with freedom of expression and personal privacy. I propose that Korean law can more effectively balance protection of private reputations with individual liberty interests by changing the real name verification system from a mandatory requirement to an internet portal opt-in system. Korea might also consider an emphasis on civil remedies as a means for minimizing the occurrence and consequences of cyber libel while simultaneously preserving a free and collaborative internet.