KOREA: Ban on political UCC before polls upheld

Constitutional Court says election law is meant to regulate the content of political ads, and user-created content "may be seen as means of campaigning"

The Korea Herald
Tuesday, August 4, 2009

By Bae Hyun-jung

The election law, which forbids user-created content that supports or criticizes candidates in an election, does not violate the right to freedom of expression, the Constitutional Court ruled yesterday.

"The corresponding clause does not aim at restricting the format of illegal election campaigns, but at regulating the content that such formats deliver," said the Constitutional Court in its ruling. "User created content, having such message delivery functions, may be seen as means of campaigning."

The present election law bans all advertisements, posters, written documents or other means that support or oppose any specific party or candidate during the 180 days prior to the election.

The court also explained in its ruling that the prohibition of UCC uses is an appropriate means to achieve the legislating purpose of the election law, which is to prevent illicit competition and to safeguard the freedom and equality of elections.

The court's decision, however, was based on the minority decision of three judges as five out of the eight judges ruled against the clause. To be ruled unconstitutional a case requires the agreement of six judges.

"The corresponding clause does not offer a clear range of the campaign formats that may be forbidden," said Kim Jong-dae, one of the opposing judges.

Another opposing judge also said that UCC should be allowed as it was the most objective and precise means of voter-candidate communication.

Date Posted: 8/4/2009