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학술논문형사법연구2013.06 발행KCI 피인용 5

인터넷상 명예훼손행위와 명예훼손적 표현물의 전파

A Study on the Defamation in Internet Space and Transmission of Defamatory Expression

정정원(서강대학교)

25권 2호, 97~123쪽

초록

The latter half of the 20th century, a virtual space that called ‘the Internet space’ has appeared that based on a computer network system. Currently the Internet is exercising a huge influence over our daily lives. Now the Internet is made possible the constitutional freedom of expression to enjoy. It is one of the effective and easy-to-use means. An Expression of the Internet is transmitted to the majorities through acts of retransmission. If an Expression of the Internet rapidly spread through acts of retransmission, it is almost impossible to delete generally. And if a wrong information or false information is transmitted, the damage is very serious. In other words, the Internet is effective means to promote the freedom of expression. But if it used to acts to defame, it brings negative effects. Then again, it is double-edged sword in the modern era. There are often used for ‘ID etc.’ to expressive practice in Internet space. Therefore, there is a need to review whether or not to admit honorary identities to ‘ID etc.’ . If someone else is aware of a real person behind ‘ID etc.’ and admitted prescriptive agreement between the two, it will be admitted honorary identities to‘ID etc.’A retransmission of defamatory expression in Internet space had frequently occurred. In that case, if a retransmission act is an open indication act and anyone who retransmit has intention and a purpose of slander, it is to affirm the formation of defamation in the Internet.

Abstract

The latter half of the 20th century, a virtual space that called ‘the Internet space’ has appeared that based on a computer network system. Currently the Internet is exercising a huge influence over our daily lives. Now the Internet is made possible the constitutional freedom of expression to enjoy. It is one of the effective and easy-to-use means. An Expression of the Internet is transmitted to the majorities through acts of retransmission. If an Expression of the Internet rapidly spread through acts of retransmission, it is almost impossible to delete generally. And if a wrong information or false information is transmitted, the damage is very serious. In other words, the Internet is effective means to promote the freedom of expression. But if it used to acts to defame, it brings negative effects. Then again, it is double-edged sword in the modern era. There are often used for ‘ID etc.’ to expressive practice in Internet space. Therefore, there is a need to review whether or not to admit honorary identities to ‘ID etc.’ . If someone else is aware of a real person behind ‘ID etc.’ and admitted prescriptive agreement between the two, it will be admitted honorary identities to‘ID etc.’A retransmission of defamatory expression in Internet space had frequently occurred. In that case, if a retransmission act is an open indication act and anyone who retransmit has intention and a purpose of slander, it is to affirm the formation of defamation in the Internet.

발행기관:
한국형사법학회
DOI:
http://dx.doi.org/10.21795/kcla.2013.25.2.97
분류:
법학

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