인터넷상 시민기자의 취재원묵비권에 대한 고찰
A Study on the Reporters' Privilege of Citizen Journalist on the Internet
임영덕(독일 막스플랑크 공법 및 국제법 연구소)
22권 3호, 489~518쪽
초록
The mass media such as newspaper, broadcasting system has played a role in the right to know. And journalists' right to keep their sources confidential has relevance to reinforce public functions of the mass media. In particular, the reporter's privilege seeks to protect the flow of information into the public discourse. In other words, the reporters'privilege has the important function to increase the flow of information under freedom of expression on constitutional law. But, in many countries, the courts rejected arguments that reporters'privilege must be guarantee by judical law. So, congress makes the law to protect journalists that deny to testimony. Throughout the last several years, legislatures have been expanding the types of media covered by the reporter's privilege to include mass media such as radio, television, and magazines. And nowaday, the development of the internet has challenged traditional journalism. Anyone who can connect on the internet is able to have one's private media. We must rethink the reporter's privilege in changes and challenges that internet media bring. The shield law for the new citizen journalists on the internet needs the different requirements. In this essay, I look into the examples of the State of Delaware's shield law and the state of Hawaii's shield law.
Abstract
The mass media such as newspaper, broadcasting system has played a role in the right to know. And journalists' right to keep their sources confidential has relevance to reinforce public functions of the mass media. In particular, the reporter's privilege seeks to protect the flow of information into the public discourse. In other words, the reporters'privilege has the important function to increase the flow of information under freedom of expression on constitutional law. But, in many countries, the courts rejected arguments that reporters'privilege must be guarantee by judical law. So, congress makes the law to protect journalists that deny to testimony. Throughout the last several years, legislatures have been expanding the types of media covered by the reporter's privilege to include mass media such as radio, television, and magazines. And nowaday, the development of the internet has challenged traditional journalism. Anyone who can connect on the internet is able to have one's private media. We must rethink the reporter's privilege in changes and challenges that internet media bring. The shield law for the new citizen journalists on the internet needs the different requirements. In this essay, I look into the examples of the State of Delaware's shield law and the state of Hawaii's shield law.
- 발행기관:
- 법학연구원
- 분류:
- 법학