인터넷상 名譽毁損에 대한 온라인서비스제공자의 民事責任

Abstract

The rapid growth of Internet infra-structure makes Affirmative effect of renovation of the industrial structure, but raises also many problem of Cracking, Dissemination of computer virus, Inundation of pornography, Defamation, Fraud in electronic contract and so on. This search focus on Defamation on internet. We have difficulties to call someone to Defamation liability in the cyberspace. because we can't discover who counterpart is easily and prove someone guilty without difficulty. In order to overcome these difficulties in the relief of the victim, There were discussion and legislation to pass the buck to Online Service Provider(OSP), who is provides the tool, Internet. Leading case cannot go through with his original idea, sometime say that OSP pay for other's damages, sometime say that OSP need not pay other's damages in similar cases. To clear this mergers, now we must set new regulations on OSP's liabilities to Defamation. so I proposed an alternative plan as a bill(Online Service Provider's liabilities limitation and Damage remedy formalities Act).