S.Korea Court Rules against Ban on SNS in Elections
The Constitutional Court of Korea ruled on Thursday that banning social networking services(SNS) in election campaigns was in limited violation of the constitution.
In March last year Rep. Chung Dong-young of the Democratic Party and a group of civilians filed an appeal to the Constitutional Court saying that the scope of “the like” in clause 1 of article 93 of the Public Office Election Act was too vast and unclear, as such violating the principle of clarity.
The ruling was welcomed by the Democratic Unified Party. The party said the decision will be an opportunity for resolving the issue of the Public Office Election Act limiting freedom of expression.
Rep. Chung Dong-young of the Democratic Party said at YTN Radio Interview. “In light of the fact that presidential, parliamentary and local elections will be conducted in succession, the period of limiting basic rights is too long. The ruling will contribute to enlarge the role of SNS and strenthen the foundations for realizing responsible politics and party politics.”
Clause one of Article 93 of the Public Official Election Act prohibits circulation and displaying of advertisements, posters, photographs, documents, videos and “the like” carrying messages supporting or against a specific party or a candidate from being circulated from 180 days before the date of the vote.
The National Election Commission has been treating Twitter and social networking services as being included in forms of communication included in “the like.”
With the Constitutional Court’s ruling in favor of the plaintiffs, the use of social networking services in upcoming elections next year will be allowed.
In addition, those who have been found to have violated related regulations will be allowed a retrial.