Constitutional Court: "Ban on Distribution of Printed Materials" in Public Official Election Act Deemed Unconstitutional

Unanimous Opinion: "Broad Restrictions on Candidates' Political Expressions"

The Constitutional Court has ruled that the legal provision prohibiting the distribution and dissemination of "printed materials" that influence elections from 180 days before the election day until the election day itself is unconstitutional.

On the 23rd, Yoon Nam-seok, Chief Justice of the Constitutional Court, is seated with the constitutional justices at the Constitutional Court in Jongno-gu, Seoul. Photo by Kang Jin-hyung aymsdream@

On the 25th, the Constitutional Court announced a unanimous decision of constitutional inconsistency in a constitutional review case requested by the Suwon District Court Seongnam Branch regarding the "distribution of printed materials" clause specified in Article 93(1) and Article 255(2)5 of the Public Official Election Act.

The Court stated, "It broadly restricts the political freedom of expression of candidates and imposes even broader restrictions on the political freedom of expression of general voters, whose permitted scope of election campaigning is relatively narrower compared to candidates," adding, "This deviates from the original legislative intent and may result in the continuous suppression of the free voices of the people related to elections."

Furthermore, the Court ruled, "It is difficult to consider this as an unavoidable measure to prevent indiscriminate black propaganda, dissemination of false information, or defamation caused by election overheating," and "It prohibits and punishes political expressions that cannot be clearly seen as undermining the fairness of elections, thereby imposing significant restrictions on the political freedom of expression of voters and candidates."

However, the Court decided to maintain the current provisions until May 31, 2024, considering that the extent to which methods of political expression should be specifically permitted is a matter that legislators must decide after sufficient discussion.