Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 82

(Election Campaigns by Utilizing Information and Communications Networks)

(1) Any person authorized to run an election campaign may use direct telephone conversations between a caller and a receiver in the election
campaign.

1 through 3 Deleted. <by Act No. 11374, Feb. 29, 2012>

(2) No one shall disseminate untrue facts about a candidate (including a person who intends to become a candidate; the same shall apply hereafter
in this Article), his/her spouse, or any of his/her lineal ascendants or descendants or siblings through an information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as “information and communications network”): Provided, That the foregoing shall not apply where true facts are related to public interests.

(3) When the election commission of each level (excluding the Eup/Myeon/Dong election commission) or a candidate has found that any information violating the provisions of this Act was posted on the Internet homepage or its bulletin board or chatting page etc., or that the fact of transmitting it through the information and communications networks, it may demand the person who manages or operates the Internet homepage posting the relevant information to delete the relevant information, or may demand the manager or operator of the Internet homepage handling the transmitted information, or the provider of information and communications services under the provisions of Article 2 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as "provider of information and communications services") to refuse, suspend or restrict the said handling. If a person who manages or operates an Internet homepage or a person who provides information and communications services does not comply with a candidate’s request in such cases, the candidate may notify the election commission having jurisdiction over the relevant constituency of the fact in writing, while if the election commission having jurisdiction over the relevant constituency finds that the information that the candidate requests to delete or the information the handling of which the candidate requests to refuse, suspend, or restrict violates any provision of this Act, it may request the person who manages or operates the Internet homepage or the person who provides information and communications services to delete the information or to refuse, suspend, or restrict the handling of such information.

(4) The manager or operator of the Internet homepage or the provider of information and communications services who has received a demand from
an election commission pursuant to paragraph (3) shall promptly comply with it.

(5) The manager or operator of the Internet homepage or the provider of information and communications services who has received a demand from
an election commission pursuant to paragraph (3), may raise objections to the election commission that has made such a demand within three days
from receiving the said demand, and the person who has posted or transmitted the relevant information may do so within three days from the
date on which the relevant information was deleted or any handling thereof was refused, suspended or restricted.

(6) The demand for a deletion etc. of posting the illegal information, raising objections and other necessary matters shall be stipulated by Regulations
of the National Election Commission.

[This Article Wholly Amended by Act No. 7189, Mar. 12, 2004]