SNS를 이용한 명예훼손의 법리적 검토

Defamation on Social Network Service(SNS)

This paper examines two kinds of subjects regarding Defamation on SNS. Firstly, I examined the validity of special trait of SNS media argument(STS argument). STS argument is, shortly speaking, that (cyber) Defamation law can not, and should not be applied to Defamation on SNS due to some special traits of SNS. Secondly, diverse legal issues about Defamation on SNS were reviewed. I suggested the reasons why we cannot agree to the STS argument. First, SNS is not always a 'purely' private space where 'raw' communication through verbal dialogue can be possible, because a 'private' space can be changed into a 'public' space when we communicate with others even at home. Second, the communication on SNS is not only limited to a few specified people but also many specified or unspecified people. That is, Defamation on SNS satisfies the 'publicity' condition that is necessary for the (cyber) Defamation law. Among the legal issues related to Defamation on SNS, the most important issue is that the legal meaning of 'slanderous purpose' is equivalent of that of 'intention of defamation'. About this problem, I tried to demonstrate that the former is not same as the latter though they seem to be similar and argued that the former is necessary for the adequate protection of the freedom of expression in cyber space.