From 'Gender Equality' and 'Feminism' to 'Naeronambul'... Election Commission's Ban on Election Phrases Raises Concerns Over Freedom of Expression

Election Commission's Ban on Specific Election Phrases Sparks Bias Controversy
Expert: "Suspected Bias... No Clear Criteria in Decision"

On the 25th of last month, when the official election campaign for the April 7 Seoul mayoral by-election began, Seoul Metropolitan Election Commission staff were posting election posters in Daehak-ro, Jongno-gu, Seoul. Photo by Jinhyung Kang aymsdream@

[Asia Economy Reporter Kang Juhee] The National Election Commission (NEC) is facing controversy over fairness and bias as it continues to restrict the use of certain expressions in voting encouragement messages for the April 7 by-elections. Previously, the NEC prohibited the use of terms like 'gender equality' and 'feminism,' and has now also banned expressions such as 'double standards,' 'hypocrisy,' and 'incompetence,' citing that these phrases are associated with specific political parties.

Critics argue that the NEC is excessively infringing on freedom of expression by obstructing democratic election campaigns based on alleged violations of election laws. Experts point out that the NEC's actions do not appear to be decisions made according to clear standards.

Earlier, the People Power Party's Public Relations Department inquired with the NEC on whether they could use three phrases: "Voting defeats hypocrisy," "Voting defeats incompetence," and "Voting defeats double standards." On the 3rd, they announced that the NEC responded that these phrases could not be used, reasoning that they imply a specific political party.

The NEC explained, "These phrases are expressions that easily suggest a particular political party or appear to oppose it, so they cannot be used for general voting encouragement."

In response, the People Power Party immediately protested, questioning the fairness and neutrality of the NEC. Kim Yeryeong, spokesperson for the Central Election Committee, released a statement on the 4th, criticizing, "Now even the NEC is certifying that the Democratic Party is a party of hypocrisy, incompetence, and double standards, joining the 'team kill' members of candidate Park Young-sun."

Spokesperson Kim added, "When doubts are raised about the NEC's fairness and neutrality, the Democratic Party accuses critics of being 'forces that undermine democracy.' The NEC is dominated by a chairman from the pro-government judges' group 'Uri Beop Yeonguhoe' and a standing commissioner from the 'Moon Jae-in presidential campaign.' Who would call this NEC a legitimate election commission?"

Officials from the Seoul Metropolitan Election Commission are posting promotional materials for the Seoul mayoral by-election at the Daewang Enterprise taxi garage in Seongbuk-gu. Photo by Yonhap News

This is not the first time the NEC has been embroiled in controversy over bias. About a month before the by-elections, on the 9th of last month, the civic group 'Joint Action on the Seoul Mayor's Power Sexual Violence Case' sought to post a banner with the phrase "Why hold a by-election?" but was notified by the NEC that it violated election laws.

The phrase "Why hold a by-election?" was created to remind voters of the significance of this election by recalling the sexual harassment cases involving former Seoul Mayor Park Won-soon and former Busan Mayor Oh Keo-don. The NEC judged that the phrase was "illegal" because "general voters are well aware of the reasons for holding the election, and it could influence voting behavior."

The NEC also ruled that the use of phrases such as "I vote for gender equality" and "I vote for feminism" was prohibited due to potential violations of election laws.

The NEC cited Articles 90 and 93 of the Election Act as the basis for the prohibition. These articles ban the installation, display, posting, or distribution of facilities, including banners, that influence elections from 180 days before the election day until the election day itself. They also consider it an act influencing elections if the name of a political party, candidate's name, photo, or any content that can be inferred as such is specified.

However, the NEC previously concluded that 'taxi wrapping' election promotional materials, which were criticized for resembling the Democratic Party's blue color, and the '#1(il) Let's do it' campaign by Traffic Broadcasting System (TBS), which could be mistaken as promoting the Democratic Party, did not constitute pre-election campaigning. This has led to accusations of bias in the NEC's decisions.

The "Joint Action Against the Seoul Mayor's Sexual Violence Power Abuse Case" held a press conference on the 23rd of last month criticizing the Election Commission's decision to prohibit the use of phrases such as "Why hold a by-election?" and "Gender Equality." Photo by Yonhap News

Citizens are also finding it difficult to accept these decisions. Netizens have criticized, saying, "They are blatantly engaging in biased behavior," "Is the Election Commission Act a higher concept than the people's basic right to freedom of expression?" "If we can't even say such things, is this really a democratic country?" and "This is not the Republic of Korea's NEC but the Democratic Party's election headquarters."

Amid ongoing controversy, the NEC issued a press release on the 26th of last month, stating, "We deeply sympathize with the criticism that Articles 90 and 93 of the Election Act restrict election campaigning and voters' freedom of expression, failing to meet the public's legal sentiment and expectations, and being overly regulatory." It added, "We plan to collect opinions from various sectors and submit proposals for amendments even after this by-election day."

Experts have pointed out that the NEC's actions do not appear to be decisions based on clear standards and that the election law is being applied excessively. Professor Jang Youngsoo of Korea University Law School said, "The NEC's decisions apply election laws based on the interests of one political party without clear standards. Most citizens inevitably question why only certain expressions are regulated for a specific party."

He continued, "The NEC is an organization that must maintain political neutrality, but even its members are suspected of bias. Above all, the NEC's role is to determine whether the information voters need to make correct judgments is necessary, not to judge whether it favors a particular party. It is the people who make the judgment, and the standard should be fairness."

This content was produced with the assistance of AI translation services.