Article 8 Section 2 of the former Regulation on Deliberation Standard, etc. for Internet News
Reporting of Election (enacted by Directive No. 9 of the Internet Election News Deliberation
Commission, December 23, 2011 and the one before the amendment made by Directive No.
10 of the Internet Election News Deliberation Commission, December 8, 2017) (the “Former
Deliberation Standard Provision”); and Article 8 Section 2 of the current Regulation on
Deliberation Standard, etc. for Internet News Reporting of Election (amended by Directive
No. 10 of the Internet Election News Deliberation Commission, December 8, 2017) (the
“Deliberation Standard Provision”) (the two provisions above are collectively referred to as
the “Time Restriction Provisions”) infringe upon the Complainant’s fundamental right.
Provision at Issue
Public Official Election Act (amended by Act No. 7189, March 12, 2004)
Article 8-5 (Internet Election News Deliberation Committee)
(6) The Internet Election News Deliberation Committee shall determine matters necessary
for guaranteeing the political neutrality, equality, objectivity of Internet election news, and
redress of injuries of rights and impartiality of other election reports, and make a public
announcement thereof.
Former Regulation on Deliberation Standard, etc. for Internet News Reporting of Election
(enacted as Directive No. 9 of the Internet Election News Deliberation Commission, Dec 23,
2011 and before amended as Directive No. 10 of the Internet Election News Deliberation
Commission, Dec 8, 2017)
Article 8 (Special Restriction on Timing)
(2) No internet media can publish any column or writing written by any election candidate
for 90 days until the election day. However, this does not apply when the publication
continued more than 180 day before the election day and the candidate’s name is not shown
on the contribution.
Regulation on Deliberation Standard, etc. for Internet News Reporting of Election
(amended as Directive No. 10 of the Internet Election News Deliberation Commission, Dec 8,
2017)
Article 8 (Special Restriction on Timing)
(2) No internet media can publish any column, comment, contribution or writing, etc.
written by any election candidate for 90 days until the election day.
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