인터넷에서 표현의 자유와 그 규제법리 -혐오표현·거짓정보에 대한 독일의 대응을 중심으로

Combined with the Internet, media is contributing to the development of democracy by enabling diverse forms of communication and interaction beyond the limits of legacy media. However, freedom of expression on the Internet is distorted by hate speech or disinformation, which has become a new social and legal problem. In a case where a new concept of space is formed on the Internet, which acts as a means of expression, it cannot be judged only by the same standard as the value that freedom of expression has in the traditional sense. Internet regulation is necessary to maintain the pluralistic values and democracy that support our society in the digital media environment. The purpose of this study is to establish open and secure Internet regulation in order to formulate a standardized approach to, and a new regulation system of, the Internet. The ‘NetzDG’ may have significant implications for this study. The Act was enacted by the federal government and Congress in response to the seriousness of the hate speech for race or refugees as well as disinformation. Despite the concern from all walks of life, no infringement on freedom of expression actually occurred after the law’s implementation. In Korea, there is no legal regulation on the production or dissemination of disinformation that impairs the fairness of the press or distorts free communication. For such reasons, not only does hate speech or disinformation on the Internet lead to the infringement of personal rights, but the formation of the right public opinion which is the foundation of democracy is also threatened. Therefore, although freedom of expression as the fundamental rights is important, hate speech and disinformation on the Internet can no longer be left to social self-restraint. In the case of self-regulation, it is necessary to impose more social responsibility on service providers. In response, the legislation-based regulation needs to maintain a proper balance between freedom of expression and state power to limit it. Legal regulation is necessary only in areas where there is a flaw in the law.