선거방송과 관련된 법적·제도적 문제점 연구

Abstract

Election campaign rules should be designed to promote freedom of speech as well as to ensure fairness for political candidates in elections. The current election campaign act, however, put more value on securing fairness in elections than protecting freedom of election campaign. Though we can admit that the fairness doctrine is important during election days, it should not be taken for granted that freedom of speech can be neglected so long as we can expect fairness in elections. Current acts on broadcasting election campaign is comprised of three main parts: broadcasting political activities, election advertisements, and election debates. Under the current rules, the state is deeply engaged in finding out unfair programs by screening all programs after broadcasted during election days. I’m afraid that it might violate the freedom of speech. We can easily obtain fairness simply by affording equal opportunities to all candidates in the use of broadcasting stations. Also, considering the people’s right to know in election campaigns, more information on all candidates and their policies should be aired without chilling effect. Furthermore, the final decision whether a particular program is fair or not should be done in the court, not in the special institution established by the current act. Election advertisements, a kind of political speech, should get more freedom from government intervention. The state should find a way to lighten financial burdens on candidates for public office to meet the equal protection doctrine. Public broadcasting stations should air a certain number of election advertisements without charge. Finally, it should be mentioned that election debate is a good way to make election campaigns efficient with low cost as long as all candidates for public office are invited.