메타버스 내 적대적 언행(Hate Speech) 규제방안에 관한 연구

Abstract

The last year of 2021 was the "Year of Metaverse," where the future and possibilities of Metaverse were hotly talked about. In the metaverse space, various economic, cultural, and social activities are possible by adjusting avatars. Recently, as the desire for communication beyond visual-oriented spatial communication has been added, existing platforms are also hinting at the possibility of gradually evolving into metaverse spaces. At this point, the constitutional meaning of the metaverse space is special. It can be said that the freedom of speech and action that individuals express by adjusting avatars in the metaverse space can be guaranteed by the freedom of general action and personal rights guaranteed by the right to pursue happiness under Article 10 of the Constitution. Meanwhile, phenomena such as hate, discrimination, sexual exploitation, and stalking in Metaverse are emerging as challenges that are difficult to regulate in virtual spaces while the boundary between Metaverse and existing platforms (games, etc.) is not established. Hate Speech is a significant social problem associated with malicious comments on the Internet, especially in Korea. Adversarial expression are part of various unethical problems that arise within the Metaverse, which divide the target group into specific elements and antagonize it, and instigate and strengthen disparagement, insult, discrimination, and violence. And in Metaverse, a three-dimensional virtual space, human activity is not limited to writings or images, but can be a very serious problem in that it is expressed as realistic behavior through avatars. Adversarial expression that appear in Metaverse take a more realistic form for the victim or the victim group to maximize the damage. This amplified hostile behavior in Metaverse was not considered by existing regulations, and future platforms have practical influence by replacing the real world by developing into a multidimensional space due to the evolution of new technologies and devices, so a new perspective is required. This study focused on the issue of hateful and discriminatory speech and behavior of users in Metaverse and regulation should be considered from the perspective of guaranteeing general freedom of action and freedom of expression and limitations from a constitutional perspective. Therefore, the need to define the concept of hateful speech and behavior in Metaverse, and the possibility of regulation and improvement plan are reviewed in the current legal and constitutional theories, and countermeasures in terms of self-regulation are studied.