민주적 의사형성의 위협요소인 소셜 미디어에 대한 법정책적 규제 - 페이스북 알고리즘을 중심으로 -

Social media allows individuals to actively participate in political discourse by expressing their views. The new social media has moved away from the passive role of the people as recipients of opinions, allowing them to actively participate in public discourse as opinion makers and producers of facts and opinions. Legal regulations on social media have become an important issue in relation to message delivery through social media. Due to the digital nature, legal control over the algorithm used by social media is necessary. Social media companies and portal companies treat their algorithms as trade secrets, so the outside cannot know how their algorithm works, and they can arbitrarily and arbitrarily manipulate the algorithm. This can distort or restrict the freedom of individual opinion formation and opinion dissemination. The focus of legal regulation on algorithms is on how Facebook algorithms filter messages and what criteria they list in users’ news feeds. Through the Facebook algorithm, message filtering is an element of a complex communication process in which various people actively participate in communication. Facebook cannot display all messages shared by friends on individual users’ news feeds, so Facebook must filter the messages, displaying information that is supposed to be the most important information and sorting accordingly. This process is performed through an algorithm. According to Korea’s Information and Communication Network Act, if the rights of others, such as privacy infringement or defamation, are violated through information and communication networks, the information and communication service provider must take necessary measures such as deletion and temporary measures. Granting primary authority on deletion or temporary measures to information and communication service providers is a situation in which civilians infringe on the fundamental right of freedom of expression. It is an insufficient legal measure in terms of guaranteeing freedom of expression for information publishers. In legal policy, it is desirable to establish a dispute mediation committee in the law, not to allow the information and communication service provider to delete or take temporary measures if the asserter of infringement requests deletion.