사이버명예훼손 피해의 심각성과 법적 대응방안

Abstract

Due to the characteristic of cyberspace, defamation in cyberspace, when compared to off-line defamation, is a momentary and widespread violation of human rights and has possibility of fabrication of defamation even by the third party. Cyberspace is invisible and it is possible for criminals to defame other people without exposure of their faces and identities. There is almost no restriction in approaching network-connected cyberspace. So anyone can spread easily that information and diffuse defamation indefinitely. Cyberspace is a ideological space composed of the computer development and the network formation and is a information space in extension field of communication. It is characterized by non-facing, communication in both directions, no limit in space and time, easy accessibility, variety of information, anonymity. These features of cyberspace have merits and demerit, so it has ambivalent character about pious victims and revealed truth. Therefore, new researches and approaches on the regulation are required according to various types and characters of cyberspace. Now regulation against defamation in cyberspace can be divided by 'Regulation by the Criminal Law', 'Regulation by Act on Promotion of Information and Communications Network Utilization and Information Protection'. We study libel, contempt and possibility of application to internet defamation in regulation by the Criminal Law and study regulation by Act on Promotion of Information and Communications Network Utilization and Information Protection. We consider whether aiding and abetting defamation is formed. Together with the development of cyberspace, the research on cyberspace should be developed continuously. Although it is important to prepare measurement in terms of criminal law in order to deal with cyber defamation of character, more fundamental measurement is to improve netizens' ethics and to reinforce ethics education. No matter how perfect law is prepared, unless netizens' consciousness is changed, the law is unless. For this, investigation organization, educational organization and private groups should operate cybercrime preventive class for students on a regular basis, and reinforce ethics class of school curriculum. In addition, it is also ideal to have online service providers create cyberspace user guideline for themselves, and protect individual's fame through monitoring.