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[Stout]

http://www.koreaherald.com/national/Detail.jsp?newsMLId=20111229000681

The Constitutional Court ruled on Thursday that banning social networking services in election campaigns was in limited violation of the constitution.

In March last year Rep. Chung Dong-young of the then 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.

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 in support of 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.

http://www.koreatimes.co.kr/www/news/nation/2011/12/117_99972.html

By Lee Hyo-sik

The Constitutional Court ruled Thursday that the current Election Law prohibiting pre-election campaigning via Twitter and other social networking services (SNS) was unconstitutional.

Its ruling paved the way for SNS users to freely express their views on certain political parties and candidates in next year�s general and presidential elections.

The ruling is widely expected to provide a boost to liberal camp candidates as most SNS users are in their 20s and 30s and progressively minded.

Six of the court�s justices ruled against Clause 93 of the law, with two ruling in favor.

The National Election Commission (NEC) had said it would crack down on SNS electioneering, saying it was subject to the regulation, citing �other material� in Clause 93 as the base for the restrictions on Twitter.

Those who violate the law could have faced up to two years in jail or a maximum 4-million won fine.

�The Internet is open to everyone and electioneering in cyberspace is virtually costless. So, restricting online campaigning does not serve the purpose of the Election Law, which is supposed to bridge the gap in election campaigns between rich and poor candidates,� the court said in its ruling.

It also said the law overly restricts fundamental human rights.

�Banning people from expressing their views on the Internet for such a long period of time deprives them of opportunities to criticize policies of the government and political parties,� it said. �This clearly weakens the principles of the parliamentary system that realizes party politics and responsible politics.�

In March, Rep. Chung Dong-young of the main opposition Democratic Unity Party, together with 146 other lawmakers and citizens, filed a petition with the court, arguing prohibiting pre-election campaigning through SNS was unconstitutional.

The lawmaker claimed the NEC�s interpretation of �other material� was too broad and vague so that its decision to crack down on SNS electioneering infringed upon the freedom of expression.

Both governing and opposition parties hailed the court�s ruling.

The Grand National Party said the government should act fast to scrap regulations hampering freedom of expression in cyberspace.


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Talk about trying to play both sides of the fence! Just earlier this month the GNP hardliners were clamoring for a crackdown on SNS, and now that the ruling has come out NOT in their favor, they suddenly are saying the government (refering to themselves, as they are in power ) ought to "act fast to scrap regulations"
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http://www.koreatimes.co.kr/www/news/nation/2011/12/117_99972.html

12-01-2011 18:35

The government is moving to tighten monitoring of social network services (SNS) and smartphone apps by establishing a special team under the nation�s media watchdog agency.

The move comes amid growing concerns about comments and rumors critical of various government policies. Administration officials and politicians from the ruling Grand National Party (GNP) have demanded that postings and messages on Twitter and other online websites should be come under tighter control to block �malicious� rumors from spreading online.

Suspicions are that the government seeks to tighten regulation on anti-government apps and SNS comments ahead of the parliamentary and presidential elections next year, especially targeting the popular podcast �Naneun Ggomsuda,� (I�m a petty trickster) which ridicules President Lee Myung-bak and the ruling GNP.

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...and it would appear that Lee and the GNP really are just that. Now I know why Lee's detractors often also say his face resembles a mouse.

[NohopeSeriously]