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@article{ART002904650},
author={Go su yun},
title={A study on the regulation of false information -With reference to Provider of information and communications services regulations in the U.S.-},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2022},
volume={10},
number={4},
pages={73-110}

TY - JOUR
AU - Go su yun
TI - A study on the regulation of false information -With reference to Provider of information and communications services regulations in the U.S.-
JO - Legal Theory & Practice Review
PY - 2022
VL - 10
IS - 4
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 73
EP - 110
SN - 2288-1840
AB - 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.
KW - False information;Fake News;Article 230 of the Communications Decency Act(CDA);Provider of information and communications services;Act on Promtion of Information and Communications Network Utilization and Information Protection;Product Liability Act.
DO -
UR -
ER -

Go su yun. (2022). 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, 10(4), 73-110.

Go su yun. 2022, "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, vol.10, no.4 pp.73-110.

Go su yun "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 10.4 pp.73-110 (2022) : 73.

Go su yun. A study on the regulation of false information -With reference to Provider of information and communications services regulations in the U.S.-. 2022; 10(4), 73-110.

Go su yun. "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 10, no.4 (2022) : 73-110.

Go su yun. 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, 10(4), 73-110.

Go su yun. 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. 2022; 10(4) 73-110.

Go su yun. A study on the regulation of false information -With reference to Provider of information and communications services regulations in the U.S.-. 2022; 10(4), 73-110.

Go su yun. "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 10, no.4 (2022) : 73-110.