사이버공간상 혐오표현 규제의 당위성에 관한 고찰

Abstract

Hate speech, or hate speech, is a clear violation of human rights, but there is no law that stipulates it except for some local council ordinances. In addition, hate speech, which is overflowing today in the Internet era, spreads through Internet media such as social media online and in cyberspace, and is transmitted to the victims, seriously infringing on their personal rights and ultimately leading to human rights violations. Hate speech has recently become increasingly discriminatory in society, such as race, gender, and disability, and its seriousness is growing. However, at present, it is a helpless situation. Many papers have been written on the necessity, justification, and legislative measures of hate speech, and the relevant legal systems of major countries can be helpful in our legislation, but hate speech is once again prohibited so that liberal democracy is not undermined by the absence of relevant laws. It is necessary to summarize the justification for regulation, and it is necessary to examine whether hate speech in cyberspace is included in the freedom of expression that must be guaranteed under the Constitution or whether punishment exists because it is excluded. The author believes that appropriate criminal sanctions should be imposed on hate speech that is excessively infringing on human rights and further infringing on human rights. Although the pros and cons of criminal sanctions are strongly opposed, in particular, such as hate speech that not only violates the human rights of others through cyberspace, but also pollutes cyberspace and undermines the state's obligation to create a pleasant cyber living environment. Since illegal acts are cyber entropy that must be removed from the Internet that cannot be included in freedom of expression, it is considered that the justification of the regulation is fully recognized. In short, the proliferation of hate speech in cyberspace must be a very serious illegal act that destroys the Internet order and undermines human dignity, so the justification of the regulation is considered sufficient. Fundamental rights under the Constitution should be interpreted and applied to create a pleasant cyber environment for cyber illegal acts, including hate speech, and to actively remove unprofitable cyber entropy.