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A Study on Legal Issues Surrounding Media Reporting and Human Rights

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2022, 10(3), pp.63-95
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : July 25, 2022
  • Accepted : August 23, 2022
  • Published : August 31, 2022

Lee Sang hoon 1

1호서대학교

Accredited

ABSTRACT

Humans have the right to keep secrets as well as the right to know the truth. Therefore, it is a very difficult issue to prioritize between the right to know and the privacy of the reporter. However, the ‘right to know’ cannot be said to be an established right yet, and when it is exercised on an individual, it is necessary to examine the necessity of digging into the privacy domain as well as the public or public interest of the content. In addition, if the ‘suspicion’ that a crime with high social attention is reported is widely and continuously reported, even after the acquittal or false facts are confirmed, people will continue to receive suspicion from others. In addition, the media reports that ‘arrest is either guilty or criminal,’ so even if an acquittal or a false arrest is found, disciplinary dismissal or divorce cases cannot be reversed. As a result, even if it is legally and formally in the form of restoration of honor, as a result of continuing exposure to prejudice for a long time, they are driven into the same situation as ‘social annihilation.’ Also, there are cases where even if the media tried to issue an apology advertisement or verification program by filing a trial based on this damage, in the end, the original life destroyed by the media reports could not be restored. Taking this situation into account, this study decided to examine specific cases at home and abroad on how media reporting infringes on reporters’ human rights protection and how to remedy it.

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