b. Violation of Principle against Excessive Restriction
The Time Restriction Provisions are legislated to ensure a fair election as well as fair
election news reports online, suggesting that the legislative purpose is legitimate and they are
appropriate means to serve the legislative purpose.
However, the Time Restriction Provisions simply regard such election reports unfair
without specifically reviewing whether they could be seen unfair. The Time Restriction
Provisions restrict publication of columns and etc. written by election candidates that have
nothing to do with an election or political speech or that are necessary to satisfy people’s right
to know on such issues of enormous public interests. This implies that the Time Restriction
Provisions uniformly and comprehensively restrict even the reports that would not hamper
fairness of the election.
Very broad is the concept of the online media that are subject to deliberation of the online
news reports under the Public Official Election Act. Combined with the broad concept of the
online media, the Time Restriction Provisions would impose greater restrictions on freedom
of speech.
Online media have high degree of accessibility, openness, autonomy and spontaneity and
are expanding their influences in the media market with the development of Information
Technology. It would be desirable to guarantee as much autonomy as possible while
minimizing restrictions on freedom of speech.
It is necessary to prevent candidates from writing columns, etc. for the online media and
using them to help their election campaign to circumvent the law when the public election
nears. The Deliberation Standard Provision entails various provisions to regulate such practice,
however, and the Public Official Election Act also has many provisions to prevent the press
from exerting unfair influences over elections.
Hence, the Time Restriction Provisions violate the principle of minimum restrictions.
In conclusion, they violate the principle against excessive restriction and infringe upon the
Complainant’s freedom of speech.
Dissenting Opinion of Three Justices
The legislative purpose of the Time Restriction Provisions is to root out the possibility of
unequal access or exposure to the online media among candidates at a sensitive time related to
election and eventually ensure fair online election news reports. Therefore, legitimacy of the
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