KOREA: Election law violations abound on Internet

As campaigning for the upcoming general elections leaps into the digital realm, it steps away from legality

The Korea Herald
Saturday, April 10, 2004

By Kim So-young

The Internet has taken center stage in the race for the April 15 general elections, with candidates resorting to the increasingly powerful and influential medium to woo voters instead of staging massive outdoor campaigns banned under newly revised election laws.

The National Election Commission may claim much credit for revising the laws that have led to a dramatic reduction in the conventional form of election-related offenses, such as candidates handing out money to voters in person or distributing household leaflets critical of their rivals.

But the new trend has also resulted in a surge in the number of online offenders and baffled election regulators, who are facing up to the fresh, yet troublesome, challenge of cracking down on the wave of slander and so-called black propaganda about politicians on the Internet.

And it did not come without renewed controversy about the issues of balance between free expression and government regulations. Deep divisions have surfaced again between young people, who are used to expressing themselves, and older people, many of whom see the online generation as emotional, radical and irrational.

According to the NEC, the number of violations of election laws on the Internet, between Oct. 1 and April 7, increased tenfold to more than 6,750 cases, compared to the same period in the run-up to the 2000 general elections.

On the other hand, so-called "offline" slanders have been dramatically reduced from about 100 cases four years ago to just 24 this season.

Slanders and black propaganda account for more than 30 percent of the total violations, with the remainder explained by pre-election campaigning. Before the start of the official campaign on April 2, Internet users were banned from urging support for, or against, specific political parties, a regulation that has certainly failed to discourage Net users who were eager to express their political views.

While the number of law violations has soared, most are minor offenses, said public relations officer Kim Nam-ik at the election commission. "Most offenders just criticized political parties or candidates without knowing that such criticisms amounted to violations of election laws."

A college student wrote "All Grand National Party candidates are trash." A man identified by his surname Goh attacked Millennium Democratic Party Chairman, saying "Butcher Chough Soon-hyung's family has dirty blood." Some even accused candidates of being sexual offenders or taking illegal political funds.

The commission asks most Internet offenders to delete abusive content, but those who repeatedly post such content are subject to prosecution investigation, Kim said.

If a court declares them guilty, they are subject to a maximum of seven years in prison and between 5-30 million won in fines.

Observers say the Internet's rapid popularity in recent years and the new campaign culture centering on the Web have pushed the number of online election violations to an unprecedented level. Anonymity guaranteed by the Internet also seems to have played a great role in spurring people to abuse politicians freely.

Neuropsychiatry professor Min Sung-kil of Yonsei University said, "They would not have spat out such bad words if they were being watched by others. And emotions tend to become extreme under the condition of anonymity."

But political science Prof. Yoo Suk-jin of Sogang University believes slander and black propaganda are not only the Internet's problem. "Irrational discussions and abuse also existed outside the Internet and are still rampant. It's not that a new problem has suddenly emerged. The difference is that online abuse can reach many unspecified people."

NEC official Kim Nam-ik acknowledged that online slanders were much easier to crack down on because they always left evidence, unlike verbal ones. "That is another reason why many more cases of offenses were found on the Internet than on the streets," Kim said.

Many people who spoke to The Korea Herald agreed that black propaganda should be controlled, but remained confused about how the election commission makes a distinction between offenses and free expressions of political views.

"I don't know what the NEC defines as 'unlawful' exactly," said private school teacher Kang Chan, 40. "I had bad-mouthed some of the candidates on the Internet press or their homepages. If the commission punishes everything, it will damage people's rights to express their thoughts."

Make-up artist Ji Yoon-mi, 28, said she has never abused any candidate on the Internet, but has seen many harsh words. "I agree that some kinds of regulations are needed to stop people from becoming so harsh and radical. But the NEC should make it clear so that people can understand the boundaries and the limits."

But the election watchdog still seems to lack an understanding of the Internet campaign culture, failing to set any clear standards for punishment.

"We clamp down on people whose comments will likely affect poll results or who repeatedly make abuses," another NEC official Moon Byong-kil said.

Date Posted: 4/10/2004