Conflicts over Legality of TV Debate Sessions

Over expected TV debates between Roh Moo-hyun, presidential candidate of the pro-government Millennium Democratic Party (MDP), and Chung Mong-joon, presidential candidate of National Alliance 21 (NA21), the two parties and the majority Grand National Party (GNP) are conflicting each other. The GNP insisted on the illegality of TV debates citing the Election Law, rules on election management and the special regulation on screening of election-related TV programs, while the MDP and NA21 argued that the GNP was just trying to pick fault with them.

Ñ Illegality = The GNP submitted a written agreement to the National Election Commission in which it argued that the TV debates are the two parties’ attempt to raise their approval rating in order to defeat the GNP’s Lee Hoi-chang, so it violates Section 254 of the Election Law, which provides for the campaign period. It insists that the TV debates are illegal as a kind of election campaign before the official registration of candidates (NOV. 27-28), which is illegal.

Lee Jeong-hoon, Lee’s legal advisor, said, "According to Section 82 of the Election Law, broadcasting companies cannot hold debate sessions with presidential candidates after the point where the election is 120 days away. And under Sub-section 1, Section 45 of rules on election management, media outlets shall not invite a specific candidate favorably."

He made an argument that under Section 5 and 6 of the special regulation on screening of election-related TV programs, these companies shall provide equal interest and treatment to each candidate, so inviting only two candidates violates this regulation.

Ñ No legal problem = The MDP and NA21 contradicted the GNP’s argument citing Section 82 of the Election Law, which states that medial companies can hold and air TV talks or debates involving one or several candidates. The MDP said that the intent of this section is that TV debates sessions are desirable in that they are intended to need people’s right to have knowledge of candidates.

Kim Han-gil, the MDP’s chief for media affairs in the election preparation committee, insisted, "Whether to hold and air TV discussion sessions of the two candidates are dependent on each broadcasting company. The GNP’s argument run counter to Section 4 of the Broadcasting Law, which guarantees broadcasting companies’ freedom and independence in programming.

Hong Yoon-o with NA21 said that the single candidacy is a matter of concern for the public and there is no legal problem in it. He added, "The Lee camp’s raising questions over equality of the TV debates does not make sense in that Lee himself avoided joint debates on three occasions."

Jong-Koo Yoon Hyung-gwon Pu jkmas@donga.com bookum90@donga.com