2016년 유럽연합의 <불법 온라인 혐오발언에 대응하기 위한 행동기준 (Code of Conduct on Countering Illegal Hate Speech Online)>이 지니는 법적 의미와 쟁점 검토

On 31 May 2016, the European Commission announced a new EU <Code of Conduct on Countering Illegal Hate Speech Online> to combat the pervasive use of online social media to promulgate illegal hate speech in Europe. Facebook, Twitter, YouTube and Microsoft (“the IT companies”) support the European Commission and EU Member States in the effort to respond to the challenge of ensuring that online platforms do not offer opportunities for illegal hate speech to spread online. Under the Code of Conduct, these IT Companies share a collective responsibility with other platforms and social media entities to cooperate with civil society organizations (CSOs) in the fight against increasing incitement of violence and hatred online. The Code of Conduct aims at guiding the activities of the IT Companies and sharing best practices with other internet companies, platforms and social media operators etc. Despite the altruistic aims of the Code of Conduct in guiding social media companies in their efforts to mitigate online illegal hate speech, there are some problematic issues which should be addressed by law. These issues include how a private company might have the legal authority to solve the serious societal problem of illegal online hate speech under the Code of Conduct. Furthermore, the Code of Conduct still does not solve the dilemma between legitimate freedom of expression and speeches calculated to incite violence and hatred against a group of persons or a member of such a group. This article reviews the etymological background and main contents of the Code of Conduct, and moreover deals with how the Code of Conduct should be regulated inclusive of consultations and any implementation plans it may develop in legal terms.