Legal Study of Minimizing Online Defamation of Character: Comparing U.S. Online Defamation Law and Policy

This paper elaborates upon two major notions in modern Korean public law: “online defamation” and “online contempt.” This paper suggests that it is in the best interest to publicly resolve these disputes not only in a process that is driven by the parties involved, but also one managed by the bureaucracy. In the context of regulation for expression, This paper would pose a two further question: 1) does criminal sanction provide greater retribution or deterrence than such as through the channel of public regulation and civil remedies? 2) does civil remedy provide greater retribution or deterrence than such as through the channel of public regulation and criminal sanction? By probing Korea’s challenge to balance competing social values, This paper offers several proposals for reform. In light of these available measures and remedies, strict regulation for ISPs remedy measure instead of criminalizing measure seems, efficient and necessary. Therefore, Korea should consider strict regulation for ISPs remedy measure in instead of criminalizing defamation and contempt. If administrative demand for ISPs’ remedial measures in instead of criminal law continues to be applied in these areas, the statutory criminal provisions should be narrowed to specifically target particular kinds of expression that are clearly identified, carefully limited, and openly justified. This paper recommend: (1) a focus on strict administrative regulation and strict ISPs remedies measure instead of criminalizing for online Defamation and online Contempt; (2) narrow and precise language for any criminal law regarding expression including online Defamation, online Contempt, and other laws limiting the expression of views and opinions. It is time to enact a law that combats online harassment to promote a safe interactive environment for Koreans on the Internet. The Korean “Cyber-bullying” law should target a precise form of online contempt statement that is particularly likely to cause harm to the victims, who are frequently young and vulnerable individuals.