• Title/Summary/Keyword: Political Interpretations of Election Law Reform

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A Study on Web Campaign Regulations in Korea and Political Interpretations of Election Law Reform (한국의 웹 캠페인 규제와 <선거법> 개정의 정치적 해석)

  • Song, Kyong Jae
    • Informatization Policy
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    • v.22 no.3
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    • pp.47-60
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    • 2015
  • This study observes the fact that there exist restrictions due to the election-law-based regulations on web campaigns in Korea although web campaigns are widely spreading around the globe, and aims to analyze this aspect from the political context. As a result of the research, first, this study found out that Article 93, Clause 1 of the makes it possible to do permanent web campaigns on the strength of the Constitutional Court's decision of limited unconstitutionality, whereas Article 59 and 254 of the same Law(Election Campaign Offence) differ from the above Article 93, Clause 1; thus, it is necessary to revise the relevant law. Second, as for the request for taking measures for the depletion of ISP, etc., it is necessary to reform the provisions of the and together. These provisions are excessive regulations of the on ISP, also having the possibility of dual punishment. Third, there is also the need to amend Clause 6 of Article 82 (Real Name Confirmation of the Message Board, and chat room of Internet Media) of the from a long term perspective. It is because this Clause also has much room for restrictions of the freedom of expression in the long term despite the Constitutional Court's decision of its constitutionality in July, 2015. Lastly, this study is to reinterpret why it is difficult to revise the from the two sorts of political contexts and to propose the ' Reform Multiple Governance' as the revision method for web campaign revitalization.