The Chosun Ilbo, Hongik University Professor of Law Bang Suk-ho and Chosun Ilbo reporter Lee Han-woo say the two bills contain provisions that regulate the management, editing and sales of newspaper companies and therefore violate constitutionally protected rights and freedoms such as freedom of the press and publishing (Article 21, clause 1), property rights (Article 23), economic freedom (Article 119, clause 1), equality (Article 11, clause 1) and pursuit of happiness (Article 10). "The two laws justify themselves in terms of readers' rights and public interest, but by sanctioning the intrusion of state power into newspapers, they have turned back the clock in Korea’s press freedom,” Bang said.

The petition argues the laws violate in all 48 articles and clauses of the Constitution. The following provisions are of particular concern:

'Social responsibility' of newspapers

The two laws attempt to posit a “public duty” in newspaper reports. That is exactly what the "Basic Law of the Press" enacted by the Chun Doo-hwan regime in 1980 attempted to do. The fear is that it opens the door to censorship of the press in the name of public interest.

Ban on newspaper ownership of broadcast media

The laws seek to stop newspaper companies from owning broadcast media like cable TV and satellite DMB. That attempts to stem a trend of media convergence and could violate the right to know of readers who would like to see news articles in broadcast form.

Anti-trust regulations

The laws deem it “monopolistic” if the top three newspapers hold over 60 percent of the market share. In other industries, the bar is set at 75 percent, and no such regulation exists for the broadcast media. That only newspapers would be subject to a 60 percent rule has sparked suspicion that the laws specifically target Korea's three major dailies -- the Chosun Ilbo, JoongAng Ilbo and Dong-A Ilbo -- and that the government is attempting to manipulate the market.

Newspaper Development Fund and newspaper subsidies

The Newspaper Development Fund is funded by taxpayers’ money, which under the laws could be spent on only those newspapers that are sympathetic to the government, giving the administration another means of control over the press.

Press Arbitration Committee can recommend corrections

The law empowers the Press Arbitration Committee (PAC) to recommend corrections of news reports. In doing so, it can hear arguments nor merely from victims but also from third parties, enabling the government and civic groups to interfere with the content of press reports they do not like. The recommendations are not legally binding, but there are concerns they could hurt the reputations of newspapers.

The Dong-A Ilbo and lawyer Chung In-bong petitioned the Constitutional Court in February and March over the Newspaper Law. In the case of multiple petitions citing violations of the same articles, the Constitutional Court usually deliberates on them together.

(englishnews@chosun.com )