Posting 'Election Campaign Materials' Before Campaign Period... Constitutional Court Rules "Unconstitutional"

Reconfirmation of the Constitutional Incompatibility Decision on 'Posting Advertisements' in July This Year

Chief Justice Yoo Nam-seok of the Constitutional Court and the constitutional justices entered the Grand Bench of the Constitutional Court in Jongno-gu, Seoul, on the afternoon of the 24th to begin the November ruling.
[Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] The Constitutional Court has ruled that the legal provision prohibiting the posting of advertisements intended to influence elections during a certain period before the election campaign, and punishing violations thereof, is unconstitutional.

On the 24th, the Constitutional Court issued a unanimous decision of unconstitutionality in a constitutional complaint case concerning the part of Article 90, Paragraph 1, Subparagraph 1 of the Public Official Election Act related to "other advertisement postings."

Article 90, Paragraph 1, Subparagraph 1 of the Public Official Election Act prohibits posting advertisements or similar materials with the purpose of influencing the election from 180 days before the election until the election day, and Article 256, Paragraph 3, Subparagraph 1 of the same law stipulates punishment for violations.

Earlier, in July of this year, the Constitutional Court had issued a decision of unconstitutionality regarding the "installation, display, and posting of other advertisements," ordering the legislature to amend the law by July 31, 2023.

A Constitutional Court official stated, "Since a decision of unconstitutionality has already been rendered on provisions including the advertisement posting prohibition clause, the court issued a confirmation of unconstitutionality on the advertisement posting prohibition clause following precedent."

Additionally, the Constitutional Court unanimously upheld the constitutionality of the main text and Subparagraph 1 of Article 58, Paragraph 1 of the Public Official Election Act, which defines election campaigning. The clause prohibiting election campaigning using promotional facilities or tools not specified in the Public Official Election Act before the official campaign period was upheld by an 8 to 1 majority of the justices.

On the other hand, Justice Kim Ki-young dissented, stating, "Because the public interest achieved by the prohibition of pre-election campaigning is outweighed by the significant restriction on political freedom of expression, the prohibition infringes upon political freedom of expression."

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