South Korea’s elections framework allows significant limits to be placed on political speech prior to and during elections, in order to prevent corruption, promote
equal opportunity, and minimize the social economic losses and ‘‘side effect[s]’’ that
‘‘unlimited free campaigns’’ might cause. 76 Elections are restricted by numerous
detailed prohibitions on campaign-related activities that would be standard practice
in many other democracies, including endorsing a candidate if you are an elected
official, 77 conducting a public opinion poll within the six days before an election, 78
and setting limits on campaign locations, the posting of campaign paraphernalia, and
so on.
The Election Law also extends these restrictions to campaign activities conducted on
information and communication networks. As the prohibition with the greatest impact on Internet speech, Article 93 of the Public Official Election Law (‘‘Election Law’’)
makes it illegal for noncandidates to distribute information supporting, recommending, or opposing any political party or candidate. 79 Election commissions that discover
information posted online that violates the Election Law may demand that the Web
site or hosting service delete, restrict, or suspend the relevant information; the service
provider must promptly comply or raise an objection. 80
The NEC is responsible for controlling all aspects of Korean elections, from counting
votes to monitoring the media and tracing campaign contributions. 81 The NEC monitors and censors domestic online media platforms in order to maintain the country’s
restrictions on election-related political speech, 82 especially its ban on public advocacy
of candidates prior to an election period. It has used this power to remove more
than 100,000 election-related articles, comments, and blog entries from the Internet, 83
as well as more than 65,000 movies posted to video-sharing Web sites. 84 The NEC
began censoring the Internet in the early 2000s, partly in reaction to the significant
role the Internet played in the 2002 presidential election. It currently has two divisions
that are devoted to Internet regulation and censorship: the Internet Election News
Deliberation Commission (IENDC), which handles newspaper Web sites and other
online media sources (or ‘‘Internet press’’), 85 and the Cyber Censorship Team (CCT),
which monitors personal blogs, videos, message board comments, and other Web
sites. 86
The IENDC’s mission is to ensure that newspaper Web sites, online news agencies,
and other semiofficial online news sources are impartial in their campaign coverage
and do not violate election laws. 87 The IENDC has a great deal of discretion to decide
what constitutes a violation of these rules and to censor the Internet press accordingly.
Generally, it does so by contacting the relevant Internet press organizations and telling
them to change their content or to issue a correction.
Started in 2002, the CCT has the formidable task of policing everything else on the
Internet, including blogs, personal Web sites, video postings, and message boards. 88
The CCT has three main tasks: first, to prevent people from making damaging and
510
South Korea
equal opportunity, and minimize the social economic losses and ‘‘side effect[s]’’ that
‘‘unlimited free campaigns’’ might cause. 76 Elections are restricted by numerous
detailed prohibitions on campaign-related activities that would be standard practice
in many other democracies, including endorsing a candidate if you are an elected
official, 77 conducting a public opinion poll within the six days before an election, 78
and setting limits on campaign locations, the posting of campaign paraphernalia, and
so on.
The Election Law also extends these restrictions to campaign activities conducted on
information and communication networks. As the prohibition with the greatest impact on Internet speech, Article 93 of the Public Official Election Law (‘‘Election Law’’)
makes it illegal for noncandidates to distribute information supporting, recommending, or opposing any political party or candidate. 79 Election commissions that discover
information posted online that violates the Election Law may demand that the Web
site or hosting service delete, restrict, or suspend the relevant information; the service
provider must promptly comply or raise an objection. 80
The NEC is responsible for controlling all aspects of Korean elections, from counting
votes to monitoring the media and tracing campaign contributions. 81 The NEC monitors and censors domestic online media platforms in order to maintain the country’s
restrictions on election-related political speech, 82 especially its ban on public advocacy
of candidates prior to an election period. It has used this power to remove more
than 100,000 election-related articles, comments, and blog entries from the Internet, 83
as well as more than 65,000 movies posted to video-sharing Web sites. 84 The NEC
began censoring the Internet in the early 2000s, partly in reaction to the significant
role the Internet played in the 2002 presidential election. It currently has two divisions
that are devoted to Internet regulation and censorship: the Internet Election News
Deliberation Commission (IENDC), which handles newspaper Web sites and other
online media sources (or ‘‘Internet press’’), 85 and the Cyber Censorship Team (CCT),
which monitors personal blogs, videos, message board comments, and other Web
sites. 86
The IENDC’s mission is to ensure that newspaper Web sites, online news agencies,
and other semiofficial online news sources are impartial in their campaign coverage
and do not violate election laws. 87 The IENDC has a great deal of discretion to decide
what constitutes a violation of these rules and to censor the Internet press accordingly.
Generally, it does so by contacting the relevant Internet press organizations and telling
them to change their content or to issue a correction.
Started in 2002, the CCT has the formidable task of policing everything else on the
Internet, including blogs, personal Web sites, video postings, and message boards. 88
The CCT has three main tasks: first, to prevent people from making damaging and
510
South Korea