가짜뉴스의 규율방법에 대한 법적 고찰

A Study on the Regulation of The Fake News

Fake news has a certain purpose and intent, and can be seen as general news written knowing it is false. Social dysfunction and damage caused by fake news are huge. It can cause defamation of individuals and property damage as well as destroying the economic order that is disturbed by the capital market. It can interfere with fair elections, cause social confusion and conflict, It also induces and amplifies conflicts. Therefore, fake news must be regulated for social security and national security. Fake news writers can be punished under current law. Of the types of fake news Defamation crime Fake news, Property Crime Fake News, Election crime Fake news can be regulated by current law. But social confusion crime Fake news is not regulated by current law. Therefore, legislative measures are needed to regulate this. And the damages caused by the Fake news can be compensated by article 750 of the Civil Act. However, it is necessary to devise efficient compensation measures because it is difficult to prove the damage. It is also necessary to regulate information brokers who are responsible for the spread of fake news, but current legislation is not capable of direct administrative regulation. Therefore, efforts should be made to develop self - regulation of information intermediaries and to prevent the spread of fake news. In addition, overseas countries try to establish fake news discrimination education and preventive mechanisms. We should also consider introducing this system. Finally, Korean Internet media should build a system that thoroughly checks the truth before reporting the news.