SNS를 이용한 명예훼손의 법리적 검토

• 영문명: Defamation on Social Network Service(SNS)
• 발행기관: 한국형사정책학회
• 저자명: 안성조(Ahn, Seong-Jo)
• 간행물 정보: 『형사정책』刑事政策 第25卷 第3號, 105~139쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.12.31

영문 초록

This paper examines two kinds of subjects regarding Defamation on SNS. Firstly, I examined the validity of special trait of SNS media argument(STS argument). STS argument is, shortly speaking, that (cyber) Defamation law can not, and should not be applied to Defamation on SNS due to some special traits of SNS. Secondly, diverse legal issues about Defamation on SNS were reviewed. I suggested the reasons why we cannot agree to the STS argument. First, SNS is not always a 'purely' private space where 'raw' communication through verbal dialogue can be possible, because a 'private' space can be changed into a 'public' space when we communicate with others even at home. Second, the communication on SNS is not only limited to a few specified people but also many specified or unspecified people. That is, Defamation on SNS satisfies the 'publicity' condition that is necessary for the (cyber) Defamation law. Among the legal issues related to Defamation on SNS, the most important issue is that the legal meaning of 'slanderous purpose' is equivalent of that of 'intention of defamation'. About this problem, I tried to demonstrate that the former is not same as the latter though they seem to be similar and argued that the former is necessary for the adequate protection of the freedom of expression in cyber space.

목차

Ⅰ. 서언

Ⅱ. SNS의 매체적 특성논변

Ⅲ. SNS를 이용한 명예훼손과 관련된 쟁점의 법리적 검토

Ⅳ. 맺음말

참고문헌

키워드

명예훼손 사이버 명예훼손 표현의 자유 비방할 목적 Defamation Cyber Defamation SNS Freedom of Expression Slanderous Purpose