Supreme Court: "Internet Newspapers" Also Prohibited from Receiving Money or Goods from Political Parties or Candidates under Public Official Election Act

Supreme Court, Seocho-dong, Seoul. Photo by Honam Moon munonam@

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that 'internet newspapers' should be considered media outlets subject to the same restrictions prohibiting political parties or candidates from providing money or goods to media companies under the Public Official Election Act.

On the 26th, the Supreme Court's 3rd Division (Presiding Justice No Taeak) confirmed the lower court's ruling that sentenced Cho Mihyang and Park Jongyeo, Seoul Guro District council members, to a fine of 2 million won in their appeal trial for violating the Public Official Election Act. Elected officials lose their positions if a fine of 1 million won or more is confirmed for violating the Public Official Election Act.

The two council members were prosecuted for giving 550,000 won each to Jang, the editor-in-chief and operator of an internet media company, during the June 2018 local elections, to create banner advertisements and promotional articles. It was investigated that they used article links sent to voters as a method of election campaigning.

Article 97, Paragraph 2 of the current Public Official Election Act stipulates, "Political parties, candidates, etc. shall not provide money or goods to persons who manage, operate, edit, report, write, or cover the relevant broadcasting, newspaper·telecommunication·magazine or other publications related to election coverage."

In response, the two council members argued that internet newspapers are not media outlets subject to this legal provision. They claimed, "The Public Official Election Act follows the definitions in the Broadcasting Act, the Act on the Promotion of Newspapers, the Act on the Promotion of News Communication, and the Act on the Promotion of Magazines and Other Periodicals regarding broadcasting, newspapers, telecommunications, and magazines," adding, "These laws separately regulate 'internet newspapers.'"

The first and second trial courts each sentenced the two council members to a fine of 2 million won. The first trial court pointed out, "Providing money or goods to journalists related to elections poses a high risk of undermining the fairness and transparency of elections." Jang, who was also prosecuted, was sentenced to six months in prison with a one-year probation, with the court stating, "As a journalist, despite the obligation to report fairly on public elections, he seriously undermined the legislative intent of the Public Official Election Act."

The second trial court also ruled, "The acts prohibited by Article 97, Paragraph 2 of the Public Official Election Act do not change according to the characteristics of the internet as a medium," and "It is difficult to see the need for separate regulations specifically governing internet media companies when prohibiting such acts."

The Supreme Court agreed with this judgment. The court stated, "The lower court did not err in its legal interpretation regarding the establishment of intent and the concept of 'newspaper' in the crime of violating Article 97 of the Public Official Election Act."

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