Concerns are growing that the amendment to the "Broadcasting and Telecommunications Commission Establishment and Operations Act" passed recently by the National Assembly's Science, Technology, Information and Communications Committee may undermine the independence of the Broadcasting and Communications Review Committee. This is because the amendment includes provisions that allow for external oversight of the impeachment process of the Chairperson and Commissioners of the Review Committee. It raises concerns that political influence on the Review Committee, which has operated as an independent private organization free from external interference, could emerge, potentially leading to biased review issues, such as in election broadcasting.
On the 6th, the National Assembly's Science, Technology, Information and Communications Committee passed the amendment to the Broadcasting and Telecommunications Commission Establishment Act, which includes a provision mandating the live streaming of Review Committee meetings. Prior to this, on the 13th of last month, an amendment that defined the Chairperson and Commissioners of the Review Committee as political officials at the ministerial level also passed the Committee. The broadcasting and telecommunications industry views both amendments as likely to pass the National Assembly's plenary session soon, as the ruling Democratic Party, which is promoting the law, possesses the majority needed for a vote.
The Broadcasting and Communications Review Committee is a private independent organization that conducts post-review of information disseminated through broadcasting, broadcasting advertisements, and the internet. It imposes sanctions on broadcasting, internet, and telecommunications operators that violate review regulations and determines recommendations. In the past, this function was carried out by the Broadcasting and Telecommunications Commission, but in 2008, the Review Committee was established as a private organization dedicated to this function to avoid influence from political power.
However, recent claims have emerged that the amendment to the Broadcasting and Telecommunications Commission Establishment Act being pursued by the opposition contains toxic clauses that threaten the independence of the Review Committee. Making the Chairperson and Commissioners public officials would enable the National Assembly to impeach them. If the review process of the Review Committee is live-streamed, external oversight would become easier, potentially restricting the Commissioners' ability to conduct reviews freely. In particular, if the amendment passes, the Chairperson of the Review Committee, a political official at the ministerial level, would have to attend the Cabinet meeting presided over by the President. If the Chairperson attends the Cabinet meeting, they would discuss work with the President and ministers, which could create a contradiction where the government appears to be censoring the media, despite the Review Committee existing as a private organization.
An industry insider expressed concern, saying, "If the Chairperson and Commissioners of the Review Committee become public officials subject to impeachment, it would lead to instability in the Review Committee every time the majority party changes in the National Assembly." The insider noted, "If the Review Committee, which has the authority to review election broadcasts, is swayed by political forces, it could affect elections through biased broadcasting and undermine democratic values." They added, "If the ruling party holds the majority in the National Assembly, they could impeach a Chairperson of the Review Committee who does not comply during Cabinet meetings."
There are also claims that the ruling Democratic Party is pushing through legislative amendments to incapacitate the Review Committee, which has the authority to review election broadcasts, in preparation for an early election if President Yoon Suk-yeol's impeachment is confirmed by the Constitutional Court. Since last year, the Democratic Party has been pursuing legislation to transfer the election broadcasting review function from the Review Committee to the Election Commission.
Hong Dae-sik, director of the ICT Law and Economy Research Institute at Sogang University, stated, "While there is consensus on the need for improvements to the Review Committee, this legislative amendment is an excessive measure akin to using a cannon to catch a sparrow." He emphasized, "Live streaming the review process is necessary for ensuring the public's right to know, but we can also anticipate reverse effects and side effects. There are concerns that reviews, which should be conducted neutrally, may be swayed by public opinion."