허위조작정보 규제의 법적 한계와 입법 정당성 — 제22대 국회 발의안 분석 —

This study analyzes the disinformation regulation bills introduced in the 22nd National Assembly, focusing on the clarity of regulatory targets, protected legal interests, platform responsibility, and technological feasibility. Disinformation—defined by falsity and deceptive intent—is a broad descriptive concept that effectively explains information disorder but is too abstract to serve as a singular legal category. Centering on the proposed amendments to the Network Act, the study examines the regulatory logic underlying these bills. The findings indicate, first, that although many bills specify elements such as falsity, intentional manipulation, and economic or political motives, their conceptual breadth leaves substantial room for arbitrary interpretation, challenging the constitutional requirements of clarity and proportionality. Second, protected legal interests are expanding to include reputation, social trust, national security, and electoral fairness, yet harms linked to discrimination and hate speech remain unaddressed. Third, platform responsibility provisions—such as designating a “disinformation prevention officer”—are insufficient to establish a transparent, procedural framework comparable to the EU DSA. Fourth, technical measures like VPN detection or AI-content identification face practical limitations, reducing regulatory effectiveness and potentially imposing undue burdens on platforms. The study concludes that effective disinformation regulation requires not harsher penalties but a fair, transparent, and procedure-based governance framework. Future legislation should refine regulatory targets and institutionalize procedural platform accountability, alongside strengthening fact-checking and media literacy.