매체 융합시대에 방송의 자유와 온라인 매체에 의한 방송 - 독일 헌법이론을 중심으로 -

Freedom of broadcasting serves the purpose of free, individual and public opinion. The legal system to ensure broadcasting freedom, which is contained in Article 5 (1) 2 GCL, aims at an order which ensures that the diversity of existing views on broadcasting is expressed in the widest possible range and completeness. The forming of this legal system is the task of the legislature, which has a wide scope for forming, also for differentiation, in particular according to the type of regulation. The internet broadcasting media meets the requirement of a mass-communicative element, because the recipient is ‘a large number of people’ despite having the information of the user. The ‘reporting’ requirement of the broadcasting concept requires editorial activities. The Internet broadcaster filters the information through editorial activities and selects the contents to provide Internet broadcasting. The legal aspect of the Broadcasting System is the prominent importance of broadcasting in the mass-media because of its breadth, topicality and suggestive power. Its breadth is reflected in the range and the possibility of influencing large sections of the population. For example, audiovisual mass media have long shaped the majority of citizens’ daily lives. The internet broadcasting media is not subject to program-dependent temporal restrictions, and can be mutually discussed in open and accessible forums in Internet broadcasting media programs. The content of the internet broadcasting can be transmitted quickly, even at the same time, to the recipients. The suggestive power of the internet broadcasting results in particular from the possibility of combining the communication forms of texts, sounds and moving pictures at a low cost, so that a wide range of effects is recognized. The internet broadcasting media has the suggestive power, because the possibility of interactive discourse on publicly accessible forums exists. The Internet broadcasting media fulfills the requirement of the suggestive power, because the user itself has to select program on the basis of a multitude of selection possibilities.