헌법상 방송개념과 OTT서비스의 방송법적 규제의 정당성

With the rapid spread of the Internet, which took place with digital technology, notable changes are occurring in the broadcasting and communication sectors. It is necessary to discuss whether OTT falls within the concept of broadcasting in the Constitution and falls within the basic rights protection range of broadcasting freedom. Constitutional concept of broadcasting becomes a comprehensive concept that includes new media services when they contribute to forming opinions and within this scope, the basic right of broadcasting freedom has influence. Therefore, broadcasting and OTT services are protected from the basic right of broadcasting freedom if they contribute to the formation of individual and public opinions. However, even if the new media services are included in the concept of broadcasting, the regulation problem is the area of legislative formation. However, lawmakers need to be cautious about making the same regulations as existing broadcasting, taking into account the characteristics of video content distributed on the OTT platform. The boundary between broadcasting and communication, content and networks has become ambiguous. Thus, regulations considering the characteristics of the media may be effective at this point. It is also worth considering a phased. In view of its influence on the public, excessive regulations need to be laid down to harmonize with industrialization logic, even if the value of the public is maintained.