가짜뉴스의 확산에 따른 공직선거법의 개정 방향

Abstract

As the use of SNS increases in our society, the influence of fake news is gradually increasing. Therefore, the National Assembly is discussing the introduction of punishment rules for fake news. However, in principle, the strengthening of regulations on fake news is not desirable because it may violate freedom of expression of the people. Therefore, this paper sought to find an alternative to minimize the damage of the people rather than the legislation discussed in the National Assembly. Most of the legislation currently being discussed in the National Assembly has a regulation clause that has no time limit. However, the harm of fake news can be resolved over time, mostly through autonomous self-help efforts such as fact check. Nevertheless, the introduction of regular regulatory provisions would likely undermine the possibility of private self - regulation and limit the freedom of expression of the people excessively. However, there may be cases where it is impossible to recover damage caused by fake news. Especially, damage caused by fake news broadcasted during a short election period can not be recovered. Moreover, some studies suggest that the period of the greatest influence of fake news is the election period. Therefore, if there is a need to regulate the "fake news" that spreads false facts and distorts the honor of the group, which is the current issue, it should be limited to the election period. More specifically, the act that is likely to be recognized as a necessity of regulation is the imminent act of production and dissemination of fake news by the candidate on the day of the election. In conclusion, this paper is a better alternative to adding a temporary regulatory provision through the amendment of the Public Election Law, rather than establishing a separate fake news regulation bill.