인터넷상 사적 검열과 표현의 자유

Private censorship is widely spread on the internet. Internet service companies routinely review contents on the internet and block some of them for various reasons. Private censorship is not a recent phenomenon. In 1967 Professor Jerome A. Barron in the United States argued that a new free speech right, namely, access to the press is needed as private censorship is as repressive and as pervasive as public censorship in traditional media. Private censorship on the internet can be more dangerous than private censorship in traditional media as internet users cannot notice the very fact of being censored and have no idea of censorship criteria. Private censorship are sometimes coerced by the government, but private censorship is usually done for the purpose of corporate interests. Private censorship is not the censorship, which are strictly forbidden by Article 21 (1) of the Constitution of Korea. According to the Constitution only prohibits the prior review when the expression of the opinion entirely depends on the administration’s permission. But, it is certain that private censorship restricts the free speech right. Therefore, from the point of constitutional review, private censorship can be upheld only when public interests pursed by private censorship are greater than individuals’ interests restricted by private censorship. Here are possible ways relieving the harms of private censorship. First, fairness doctrine, invented in terrestrial television circumstances, is no more useful in an internet age. Second, access right, advocated by Professor Barron, is not suitable as every internet users can access to internet forum. Third, transparent policy should be guaranteed by law. Every major internet service providers should open kinds of censored contents, censorship criteria, and numbers of contents reviewed as well as censored. Forth, self-regulation, not by each company but by the industry is desirable. Fifth, censorship by government agencies should be avoided.