사실적시 명예훼손행위의 규제 문제와 개선방안에 관한 검토

The problem of defamation is an old problem. But it also has meaning as a new problem. In other words, the regulation related to the ‘freedom of expression’ is the oldest regulation together with the regulations on pornography, but it is also meaningful as a new problem that the infringement act explosively increases according to the Internet development. Moreover, defamation is also a problem that has been troubled by the problems of privacy infringement and hate speech that have recently become a problem in our society. In addition, the issue of the ‘defamation through true facts’ has been discussed in the past on the necessity of regulation such as cyber defamation and cyber bullying. On the other hand, regarding the recent ‘#Me Too’ movement, the fact that the ‘defamation through true facts’ enforced the silence of the victims of sexual violence in the past was pointed out as the problem of the secondary damage, and the discussion about the abolition of ‘defamation through true facts’ are attracting societal attention. In this article, based on these previous studies, we examine the debate about ‘defamation through true facts’ case and propose the amendment of the defamation, so that the ‘privacy protection’ and ‘freedom(press) of expression’.