[A2k] National Human Rights Body Recommends Abolishing Three-Strike-Out Rule

Heesob Nam hurips at gmail.com
Wed Mar 27 09:27:26 PDT 2013

Sorry for the cross-posting.


Today the National Human Rights Commissionof S. Korea published a
special report on information human rights. It is the first report
comprehensively discussing the progress of information and
communication technologies in terms of human rights and providing
recommendations for the protection, promotion, and enjoyment of
information human rights. In this report, the information human rights
covers four different categories: rights to information privacy;
freedom of expression online; rights to access to information; and
rights to culture and information.

Among other things, the report recommends the followings for the
promotion of the right to culture and information:

Introduction of comprehensive and open-ended fair use provisions in
the Copyright Act;
Legislation of users’ right capable of offsetting abusive enforcement
of copyright;
Guaranteeing the reuse and access of the general public to
publicly-funded information and culture;
Balanced harmony of intellectual property and the right to culture and

With the progress of ICTs, the right to culture and information gains
the growing importance for the users to access to information and
create and distribute new culture;
As recommended by each Member States in the 12th ASEM Human Rights
Seminar, IPRs and excessively stringent protection of copyright may
jeopardize the enjoyment of human rights and impede the creativity in
online environment and thus the public interests should be taken into
accounts when the IPRs are to be revised or new provisions are to be
The right of author is subject to the human rights aspects, IPRs
should be protected in a balanced way that users can claim their

Regulations such as copyright three-strike-out rules, technological
protection measures, and game shut-down, the regulatory effectiveness
of which is doubtable and may restrict the right to culture and
information, need to be examined in depth to see if they infringe
other constitutional rights and, if necessary, such regulations are to
be revoked.

The 212-pages report is downloadable here and press release of the
NHRC is here (both are in Korean and official English translation will
be available in May).


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