SNS상에서의 정보유통과 ‘공연성’ 개념

The Concept of ‘Publicity’and Circulation of Information by SNS

In the korean criminal code, spread of pornography and defamation to another person is punishable with the element of ‘publicity’, whether it becomes in real life-space or in cyber-space created by network interface. That is, to punish transfer or showing of pornography to others, the transfer must be to ‘unidentified person’ or ‘large number of persons’ and the showing must be ‘publicly-opened’, whether it is in real life-space or in cyber-space. Also saying the fact concerned with defamation of character may be a crime-factor of defamation only with the condition of ‘publicity’. But in the cases of inform-circulation by ‘SNS(Social Network Service)’ - it’s the medium for communication and network-activity between individual persons - it is usually difficult to understand and decide what is the yardstick for publicity in that area. By the way, as the existing standard for publicity, in special, ‘dispersive theory’ by korean supreme court, circulation of defamational fact or pornography by internet site or SNS may be automatically considered as a conduct with publicity. Because the character of that medium is openness, connectivity and scalability. Nonetheless, the korean code of network-interface says, to punish that conduct it has need to poof the element of publicity specially. It’s important that this kind of publicity must be understand and interpreted more strictly than normal life-space. To adequate protect of harmful in Internet-space and guarantee the human rights like a freedom of expression maximumly, we need to consider the proper measure for respective mediums selectively. For the liberal inform-circulation by SNS, criminal policy about regulation may be changed and re-controled like as, the raising policy of speed-limit by the improvement of road-structure and the advancement of vehicle.