South Korea court: Banning anti-North Korea propaganda leaflets ‘unconstitutional’

South Korea’s constitutional court on Tuesday (Sep 26) ruled that the ban on sending propaganda leaflets to North Korea was unconstitutional.It struck down the law passed in 2020 by the then-president Moon Jae-in, who had sought better ties with Pyongyang.

Civic groups in Seoul and critics said that the law stifles freedom of expression, reported the South Korean news agency Yonhap.

South Korean court about the law

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The law passed in 2020 led to a revised Development of Inter-Korean Relations Act which went into effect in March a year later. It prohibits the launching of anti-Pyongyang leaflets across the border and subjects violators to up to three years in prison or $22,210 in fines.

The revision was made under theliberal administration of Moon Jae-in which said that launching such leaflets could provoke the North and risk the safety of border town residents.

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Civic groups in South Korea, including Park Sang-hak who leads Fighters for a Free North Korea, filed a constitutional petition against the law on the day of its promulgation, reported Yonhap.

In a seven-to-two vote ruling, the court said banning the distribution of leaflets excessively limited freedom of speech.

The court’s decision to nullify the law takes effect immediately.

The ‘anti-Pyongyang leaflet’ debate

Over the years, groups run by North Korean defectors and other campaigners in South Korea have sent anti-Pyongyang leaflets into the North, mostly using balloons or bottles on border rivers.

ALSO READ |South Korea bans sending leaflets into North

These messages, which are known to be coveted by North Koreans, are often printed on small plastic bags which also carry food and USB sticks containing South Korean news and dramas and are harshly critical of the North Korean leadership.

In the past, Pyongyang has reacted angrily to the practice and denounced it as an obstacle to better relations between the two countries.

North Korea had also reportedly shut down the communications links – inter-Korean military lines or liaison calls, established in 2018 – for nearly a year over the leaflets critical of Kim Jong Un’s regime.

Some residents in South Korean border towns have also criticised the action as stoking tension and putting their safety at risk.

(With inputs from agencies)

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