가짜뉴스에 대한 규제법적 검토 - 언론관련법 및 정보통신망법상 규제를 중심으로 -

Fake news is becoming a serious social issue. However, there are conflicting opinions on the means of coping with fake news including whether to cope and the specific range and method of coping with them. because there is a possibility of infringing the freedom of expression as one of the core basic rights of people. In terms of the definition of the concept of what constitutes fake news, there are issues of whether finality is necessary and whether to including one-man broadcasting in the realm of mass media. SNS is a main target for regulation. There is no need to implement the requisite of finality in determining what is fake news and mass media-related laws including the act on remedies for damage caused by media, etc. exclude one-man broadcasting from the realm of mass media. The European Union (EU) uses the term ‘falsely manipulated information’ rather than ‘fake news.’ Germany included provisions for the imposition of a sanction for the false information in its ‘law on the improvement of the execution of law in social network’, which is the law for prevention of the use of revulsive expressions. The subject of this law is SNS rather than the mass media under its traditional definition. As such, this law stipulates the obligation of the network administrator to make reports, procedures for the processing of damages, and sanctions on the administrator in the event of violation thereof and autonomous regulations by the administrator. The most direct legislation to cope with fake news includes the French law against manipulation of information. In the event of the uncertainty or room for misunderstanding in relation to election, the court of law will decide on the measures to be taken while the Superior Council of Audiovisual (CSA) regulates other falsely manipulated information. Meanwhile, this law also regulates the cooperative obligations and procedures of the online business operators. Law to cope with fake news has also been proposed in Korea. This law can be mainly divided into an organizational norm and a behavioral norm. The former is a law proposed by the committee on coping with the fake news, while the latter is a proposal for the prevention of dissemination of the fake information. Although both laws have provisions on defining the fake news and information, they differ in their conceptual ranges. The law on prevention of dissemination of the fake information stipulates application for objection, damage compensation and penalties for the results of measures taken including request for deletion and actual deletion of false information, etc. The law of the committee on coping with the fake news assumes the format of committee type system from the perspective of organizational law with a horizontal cooperative system as its contents along with the participation of the private sector. In addition, countermeasures through revision of the existing laws such as the act on information and communication network, etc. generally contain exercising of right to order rectification and temporary measures to be taken, and imposition of obligations, penalty and fine payment to the service provider. Although there is a consensus on the need to cope with the fake news in general, there still are widely varying disputes over the scope of the measures to be taken against the fake news. In particular, there is a need for continuous discussions on the provisions on definition in the future given that the scope of the measures to be taken differs depending on how the fake news is defined. From the perspective of the means to be taken, sanctions such as levying of public obligations and securing of the practicality of administration are discussed in general. However, due to the concern that the measures taken against the fake news can infringe the freedom of expression, indirect administrative methods such as private sector and government cooperation, and induced administration are proposed. Just as there is a controversy over the infringement of the freedom of expression by means of coping with the fake news from perspective of constitutional law, there is a need for further discussions on means and range of specific regulations within the range of the principle of proportion from the perspective of administrative law and the autonomous regulations from the perspective of private sector and government cooperation.