South Korea’s constitutional court has ruled that the ban on sending propaganda leaflets to North Korea, enacted in 2020 by the liberal party during President Moon Jae-in’s tenure, is unconstitutional. The law, which imposed penalties of up to three years in prison or fines of 30 million won ($22,210), had faced strong criticism from rights activists and conservative lawmakers who saw it as a violation of free speech rights.
In a seven-to-two ruling, the court determined that a provision in the Development of Inter-Korean Relations Act, which prohibited the distribution of leaflets, unduly restricted freedom of speech. The clause had portrayed sending leaflets as a potential source of danger and harm to South Korean citizens, especially those residing near the border, in case North Korea responded with force.
The court’s decision to nullify the law is effective immediately.
Groups led by North Korean defectors and activists had been sending anti-Pyongyang leaflets, along with food and USB sticks containing South Korean news and dramas, into North Korea, often using balloons or bottles in border rivers. These leaflets, typically printed on small plastic bags, were highly sought after by North Koreans and contained critical messages about North Korean leadership, as well as news and information about the democratic South.
North Korea had vehemently opposed this practice, considering it an impediment to improving relations between the two Koreas. Some residents of border towns also expressed concerns that it exacerbated tension and jeopardized their safety.
