3. Freedom of press protects all activities that are essentially related to
the function of the press, from the acquisition of information to spreading
the news and opinions. In relation to this, the Employment Provision and
Verification Provisions have the effect of restricting the publication of
online newspapers, and therefore restrict the freedom of press.
The Employment Provision, by allowing only online newspapers
equipped with reporting and editing capacity to register, aims to enhance
the credibility and social responsibility of online newspapers as press,
while the Verification Provision aims to objectively verify the number of
employees working at the online newspaper. These provisions thus serve
a legitimate purpose and provide appropriate means.
Although it may be necessary to regulate the harms incurred by the
inaccurate reporting of online newspapers, the Newspaper Act and the
Act on Press Arbitration and Remedies, etc. for Damage Caused by Press
Reports (hereinafter referred to as the “Press Arbitration Act”) provide
sufficient measures that are less restrictive. If smaller online newspapers
are excluded from the scope of the Newspaper Act due to the Employment
Provision and the Verification Provisions, they will no longer be
responsible for the obligations of a press organization under the
Newspaper Act, and furthermore will be excluded from remedial
procedures provided under the Press Arbitration Act. Not only this, but
the representatives, executives, or employees of small online newspapers
will not be included in the concept of public officials as defined by the
‘Improper Solicitation and Graft Act,’ which means they will be
completely unaffected by the law that prevents, or provides remedies for,
the harms that may be caused by the press activity of small online
newspapers.
If online newspapers publish false or poor reports, or their reporting
deviates from public order and social ethics, they will end up being
rejected by readers and will have no choice but to shut down. Given the
nature of the internet, readers will not stop at merely passively reading
online newspapers, but will actively select, read, judge and respond to
articles. We do not find the necessity to provide additional measures
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