사이버공간에 있어서 표현의 자유와 한계 - 사이버공간에서의 명예훼손에 대한 형사법적 규제와 인터넷실명제 도입 문제를 중심으로 -

in modern society, the communication by internet plays very important roles in many aspects. expecially, because it has some unique traits, for examples, interactivity, anonymity, cross border nature, decentralization and so on, we can bypass many kinds of obstacles that function as a sort of censorships and close to information source or criticize every things more easily with internet, comparing to other communicative methods. so we can secure diversity, liberty in society, consensus, solidarity and democratic atmosphere. although there are many positive aspects, there are many negative aspects in internet, like internet fraud, cyber pornography, distribution of illegal information, cyber stalking and defamation. recently, as internet is becoming common method of communication, we can experience cyber defamation on web space so often, and be victim of cyber defamation. so because of this phenomenon and serious results of defamation victimization on cyber space, there are many kinds of opinions that new responsive means have to be taken to this problem, for example, system to open real name about internet users, more severe criminal punitive methods. but the key point to solve these serious problems is that we must find solution to secure liberty of speech or expression, simultaneously to secure safety of cyber space, because two aspects has same important meaning with us. and self control and purifying ability among internet users plays more important, prior role in many responses, too.