news site has public responsibility for managing information, etc. freely posted by users on the bulletin boards, etc. in order to secure the fairness of elections. Therefore, it cannot be deemed that the 5 restrictions on the freedom of the press granted to internet news sites, accompanied by the restrictions on the freedom of anonymous expression of the users of the bulletin boards, etc., violate the principle of the least restriction. The Provisions at Issue limit their application to the minimum extent necessary to prevent the risk of undermining a fair election in consideration of the influence and responsibility of internet news sites; it is hard to conceive of other means that can achieve the legislative intent to the same extent as the Provisions at Issue; and notably, the provision on imposing a fine cannot be deemed to impose excessive restrictions on the freedom of the press for internet news sites. For the foregoing reasons, the Provisions at Issue do not violate the principle of the least restriction and the balance of interests. Since the Provisions at Issue do not contravene the rule against excessive restriction, we find that they do not infringe upon the freedom of anonymous expression and the right to self-determination over personal information of users of the bulletin boards, etc. of internet news sites and the freedom of the press of internet news sites. * This translation is provisional and subject to revision.

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