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Research on Legal Issues of Portal News Services for Reinforcement of Social Responsibility

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 41(), pp.281-308
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KIM, MIN HO 1,  JI, SEONG WOO 1

1성균관대학교

Accredited

ABSTRACT

News Services provided by portal sites are fundamentally changing the relations between news providers and users, and will become more active from now on, because such services can interactively satisfy users' wants for information in real-time in the era of media fusion. As the power that existing off-line mass media used to have, such as forming social agenda of leading public opinion is shifting into in-line media, internet portals especially, news services provided by portal sites became more influential in society than those of existing mass media. However, Internet portal sites are basically private-owned, and are not subject to strong regulations on their structures of contents from the State until now, because they are regulated more likely newspapers, than broadcasting companies. Like this, despite the power of influence in society of news services provided by portal sites, it is problematic that internet portal companies are not subject to regulations that mass media organizations bear such as regulations on structures or contents, only because internet portal companies do not belong to such mass media organizations. And this is increasing financial burden laid on mass media organizations, and public opinion on the necessity of regulations, according to social influence of portal site, is wide spreading. From now on, the core of legislation of regulations on internet portals is to guarantee the freedom of expression of internet portal service providers as private companies on internet, to prevent them from gaining dominant power to formate public opinion and to devise fast and perfect recovery systems from losses caused by internet portals. Since news services from portals are only a part of internet portal services, regulating internet portal services just as mass media organizations, by including internet portal services into the scope of “mass media”, may cause another problem. In addition, including internet portals in internet newspapers by lightening restrictions on them, or introducing a new concept such as “news service providers”may result in confusion among press law systems, under the circumstances that the concept of “internet newspapers” is already established in current laws and regulations related to mass media. Therefore, from now on, when newly setting up legislative measures on portal news services, such regulation systems shall be divided into two ways as below: The regulation systems on contents should be included in those of information communication networks, because portal news services are provided as a part of portal services; However, the recovery systems from losses caused by portal news could be more effective to be settled through improving current recovery systems from losses caused by mass media. In other words, the regulation systems on portal news services shall be divided into the regulations on contents and the recovery systems from losses. The regulations on contents should be improved by amending laws and regulations in the realm of information and communication networks laws; The recovery from losses should be improved by amending laws and regulation on information and communication networks, so the Minister of information and Communication may order relevant portals additional aids to help recovery from losses(such as deleting articles) when users obtain prior decisions of aid under the laws on press arbitration.

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