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A Study on the Regulation of Fake News(Disinformation) - Focusing on Network Enforcement Act -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2022, 10(4), pp.137-168
  • 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

Park, Yongsook 1

1강원대학교

Accredited

ABSTRACT

Discussions about the conflict between freedom of expression and personal rights have been going on long before the advent of the Internet. The same goes for concerns about fake news. However, the field of discussion related to fake news, which has recently been a problem on media platforms, has expanded. Fake news, which in the past was a problem to the extent of simply infringing on an individual's reputation, is now causing serious political and political issues such as social confusion and distortion of political decision making. It has emerged as a social problem. In the past, each country has dealt with fake news by making the publisher of the post liable for defamation, insult, and damages. However, it is posted quickly on media platforms. It seems difficult to regulate the spread of fake news in the traditional way. Accordingly, advanced European countries such as Germany and France are responding to the problem of disinformation by enacting separate laws. Therefore, in this paper, the concept of disinformation and the grounds for restrictions on disinformation are reviewed(Ⅱ), and countermeasures against disinformation in Germany(Ⅲ) are reviewed, thereby coping with disinformation in Korea. Implications(Ⅳ) for doing so have been considered. However, in Korea, it is possible to deal with cases where personal legal interests are violated due to fake news to some extent through the interpretation and application of the “Criminal Act” and the “Information and Communications Network Act.” Therefore, the effect can be achieved without enacting the Network Enforcement Act as in Germany through the current related laws or through amendments to related laws. Of course, fake news causes social confusion, such as racist propaganda and incitement, and the increase in hate crimes, or distorts political decision-making, resulting in social and social issues. In the case of infringing national legal interests, the need to regulate it is recognized. However, even in this case, it is necessary to clearly set out what the ‘legal interest to be protected’ and what ‘expression’ is restricted therefor so that it does not violate the principle of clarity. In particular, with regard to disinformation, it is necessary to distinguish between ‘fake news’ and ‘disinformation’ by giving more weight to the ‘purpose’ of the creation and distribution of the post. In addition, as a regulatory method, the joint regulation method in which the government and the private sector cooperate seems to be appropriate, and the establishment of an independent supervisory body and fact-checking body are requested.

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