표현의 자유의 구조와 성격에 관한 연구 - 오프라인과 온라인상 실현방식에 대한 비교를 중심으로 -

Abstract

In modern society, with a rise of the meaning and significance of information, the value of freedom of speech has increasingly gained importance. In particular, the introduction of the Internet has led to the development of online communication, which has brought innovative changes in the existing communication structure. Under these circumstances, differing opinions on the relations between online and offline freedom of speech have been offered. Because the meaning of freedom of speech has traditionally focused on offline communication, some insist that with an online exchange of ideas, freedom should be treated as a different human right in terms of its characteristics and range. As such, some feel that distinct means should be used in the protection of online freedom of speech. In contrast, although the communication structure developed around printed media has been recently influenced by the introduction of the Internet, some say that the fundamental concept of freedom of speech and how to realize it has not changed. This view suggests that there is no difference between online and offline communication. This clash of opinions about offline and online matters has led to numerous questions. For example, there is the issue of whether some forbidden offline behavior could be permitted online, as online communication prevails in our life. Specific areas of concerns include: 1) standards of judging defamation or insults; 2) acts benefiting, encouraging or praising an enemy described in the National Security Law; and 3) the banning of premature election campaigns. As the premise for in-depth approach, this article considers structure and character of freedom of expression by comparing offline with online. Today, freedom of speech can be comprehended by the protection of entire communication's structure including freedom of expression, right-to-know, and freedom of the press. However, this article is confined to freedom of expression in narrow sense except right-to-know and freedom of the press, because the discussion about a comparison between offline and online as stated above has been centered on freedom of expression. For the discussion, how freedom of expression progresses, how it is formed, and how it is changed are examined first. Based on that, this article considers how it can be realized in offline. Also, this article obtains an overview on character and limit of freedom of expression, and ends by analyzing how the structural character in offline and online affects realization of freedom of expression.