Judges uphold media reform laws

Social Affairs

Published: 29 Oct. 2009, 23:01

Judges uphold media reform laws

The nine judges at the Constitutional Court remain seated as chief judge Lee Kang-kook reads a ruling on the petitions seeking to stop the revised media reform laws from taking effect. [YONHAP]

Two contentious media reform laws that are expected to open a path for newspaper companies and conglomerates to enter the country’s broadcasting business were ruled valid yesterday by the Constitutional Court. The court, however, said the voting processes had violated lawmakers’ rights.

With yesterday’s ruling, the media industry reform laws will take effect starting Sunday as scheduled.

With pandemonium reigning inside the National Assembly’s main chamber on July 22, the Grand National Party managed to pass the bills. On the following day, 93 lawmakers of the three opposition parties, led by the Democratic Party, filed petitions with the Constitutional Court seeking injunctions to stop the laws from taking effect. They also asked the court to rule whether the National Assembly speaker and his deputy violated lawmakers’ rights during the voting.

Of nine judges, six rejected the requested injunction against the newspaper law, while seven denied a broadcasting law injunction. “Even though there were violations in voting procedures, it is hard to say that the bills, which had been approved by an absolute majority, were in violation of the constitutional principle of majority rule,” the court said. “The Constitutional Court as much as possible also needs to respect the political right to alter a legal relationship. Thus, the court can only rule upon a National Assembly speaker’s decision when it is crucial under the Constitution to restore jurisdictional order.”

Two judges - Cho Dae-hyen and Song Doo-hwan - issued minority opinions that the National Assembly must cancel the passage of the bills because lawmakers’ rights to deliberate and vote were infringed. The Democrats have argued that some Grand Nationals cast electronic ballots multiple times on behalf of their fellow lawmakers during the voting of the newspaper law revision bill, and the Constitutional Court said the situation was suspicious.

The broadcasting bill was voted on twice because the legislature failed to meet a quorum of 148 lawmakers during the initial voting. After the vote, National Assembly Deputy Speaker Lee Yoon-sung ordered the bill to be voted on again, with 153 lawmakers managing to cast electronic ballots, passing the measure. Opposition lawmakers argued that the National Assembly’s principle of forbidding a re-vote on the same matter was violated, and the Constitutional Court ruled yesterday in their favor.

The Grand National Party welcomed the ruling, urging the Democrats to stop political fights against the media laws. “The Constitutional Court ruled the media laws valid in respect to the National Assembly’s independence and autonomous power,” said GNP spokesman Cho Hae-jin. “Now that the constitutionality debate has ended, the DP must cooperate with us to push forward follow-up measures to reform the media industry.”

The Democratic Party expressed strong disappointment. “Although the Constitutional Court ruled that newspaper and broadcasting industry laws were revised with procedural violations, it turned down the injunctions based on the idea that a successful coup d’etat cannot be punished,” said DP spokesman Noh Young-min. “This is a political ruling that justice lies with the opposition parties, but power is on the side of the ruling party.” Claiming that the Constitutional Court has asked the National Assembly to correct matters on its own, Noh said the DP will put all its efforts toward fighting the laws.

The Blue House said it would not comment on the ruling.

The Korea Communications Commission said yesterday it is preparing necessary follow-up measures.

By Ser Myo-ja [myoja@joongang.co.kr]