본문 바로가기
  • Home

A study on the regulation of false information -With reference to Provider of information and communications services regulations in the U.S.-

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2022, 10(4), pp.73-110
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : October 19, 2022
  • Accepted : November 21, 2022
  • Published : November 30, 2022

Go su yun 1

1강원대학교

Accredited

ABSTRACT

Currently, a number of amendments are being proposed in Korea to solve the problem of false information, including fake news and malicious comments. The contents of the amendments can be divided into the following three types. First, it only imposes certain obligations on the provider of information and communications services; second, it imposes obligations on the provider and punishes them for non-fulfilment; third, a committee is established to control the provider. In the first case, the effectiveness of compliance is questionable. In the second case, flexible remedies may be difficult in that only the listed obligations can be punished. In the third case, it is difficult to respond immediately because an intermediate step occurs. In the United States, the provider of information and communications services, which has taken certain measures against false information, is exempted under section 230 of the Communications Decency Act (CDA). It can be seen that the provision of exemption in this way already presupposes an obligation. This method is in the same context as the Product Liability Act, a law that imposes no-fault liability in Korea. Imposing liability on the provider of information and communications services in this opt-out manner has the following advantages: Flexible obligations can be imposed in various situations; Legal stability can be guaranteed as it is subject to the specified laws; and Immediate response is possible because there is no middleman in the imposition of obligations.

Citation status

* References for papers published after 2022 are currently being built.