Case on Restricting Online Media from Publishing Columns, etc. Written by Candidates for
Public Official Election
[2016Hun-Ma90, November 28, 2019] * First Draft
In this case, the Court decided that the complaint over a provision of the Public Official
Election Act, which states that the Internet Election News Deliberation Commission shall
determine and pronounce matters necessary to ensure fair election news online, is
inadmissible as it does not fulfill the directness requirements for constitutional fundamental
right infringement, and that former and current provisions of the Regulation on Deliberation
Standard, Etc. for Internet News Reporting of Election, which restrict online media from
publishing columns, etc. written by any candidate for 90 days until the election day, infringe
upon the freedom of speech and, therefore, violate the Constitution.
Background of the Case
The Complainant, joint operation chairman of a political party, published a column under
his/her own name on a website of an online news outlet.
The Complainant registered as a preliminary candidate to run for the 20th General Election.
The Internet Election News Deliberation Commission (the “Deliberation Commission”)
requested the aforementioned online news outlet to cooperate for fair news reporting stating
that the columns by the Complainant on January 29, 2016 violated the Public Official Election
Act, etc. that restrict such publication for 90 days until the election day. Hearing the request,
the Complainant stopped publishing columns.
The Complainant filed a constitutional complaint on February 2, 2016, arguing that Article
8-5 Section 6 of the Public Official Act and Article 8 Section 2 of the former Regulation on
Deliberation Standard, etc. for Internet News Reporting of Election, which restrict online
media from publishing columns, etc. written by any candidate, infringe upon the freedom of
speech.
Subject Matter of Review
The subject matter of review in this case is whether Article 8-5 Section 6 of the Public
Official Election Act (amended by Act No. 7189, March 12, 2004) (the “POEA Provision”);
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