@article{ART002140431},
author={Bae, Byung Il},
title={A study of the defamation by media report and right to delete},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2016},
number={72},
pages={121-143}
TY - JOUR
AU - Bae, Byung Il
TI - A study of the defamation by media report and right to delete
JO - DONG-A LAW REVIEW
PY - 2016
VL - null
IS - 72
PB - The Institute for Legal Studies Dong-A University
SP - 121
EP - 143
SN - 1225-3405
AB - Right to delete is a kind of right to be forgotten, claiming for a removal of disturbance to protect the personal rights in the form of right of reputation, after the damage is done. Claim for a removal of disturbance can be done with the claim for damages caused by defamation or can be done independently. Previously defamation done by traditional media, such as papers or broadcasting, occur temporarily, stored in reader’s or audience’s memory, so as time passes, the damage is decreased or vanished. But defamation done on the internet, its damage endures, and can be retrieved at any time anywhere, and easily transmitted to other places, so to return to originally undamaged state, its source should be deleted or blocked. In cases like this, it’s impossible to remedy by compensations or correction reports, but only in ways of deletion, removal, access restriction of its source. In this sense, right to delete takes its importance as a remedy for defamation by in today’s media report, apart from compensations or correction reports. Right to delete is in effect only when the media report has an inaccuracy, has no public nature, and is accessible by search engines. Furthermore, its damages should be clear, considerable and notable. Meanwhile, at first although damages caused by defamation might have been serious, as time goes by, they will be decreased or alleviated. Also when brought up in later time, its damages will be slightly different from when it first appeared on public. Compared to this, it’s possible that as time goes on people’s demands for right to know and freedom of speech will rise. So it can be said that the freedom of speech and protection of personal rights is in inverse relationship
KW - media report;defamation;claim for damages;claim for removal of disturbance;attributable reasons;illegality;considerable nature;right to delete
DO -
UR -
ER -
Bae, Byung Il. (2016). A study of the defamation by media report and right to delete. DONG-A LAW REVIEW, 72, 121-143.
Bae, Byung Il. 2016, "A study of the defamation by media report and right to delete", DONG-A LAW REVIEW, no.72, pp.121-143.
Bae, Byung Il "A study of the defamation by media report and right to delete" DONG-A LAW REVIEW 72 pp.121-143 (2016) : 121.
Bae, Byung Il. A study of the defamation by media report and right to delete. 2016; 72 : 121-143.
Bae, Byung Il. "A study of the defamation by media report and right to delete" DONG-A LAW REVIEW no.72(2016) : 121-143.
Bae, Byung Il. A study of the defamation by media report and right to delete. DONG-A LAW REVIEW, 72, 121-143.
Bae, Byung Il. A study of the defamation by media report and right to delete. DONG-A LAW REVIEW. 2016; 72 121-143.
Bae, Byung Il. A study of the defamation by media report and right to delete. 2016; 72 : 121-143.
Bae, Byung Il. "A study of the defamation by media report and right to delete" DONG-A LAW REVIEW no.72(2016) : 121-143.
