매개된 뉴스로 인한 인격권 침해의 구제방안 연구

Translated title of the contribution: Establishing a Proper Measure of Redeeming Reputational Damages in the Portal Media

Jaejin Lee, Yoonmo SANG

Research output: Contribution to journalArticle

Abstract

This study is focused on how to build a proper measure of redeeming repuational damages caused by news service in the portal media. In order to do this, it examines the discussions about whether the news services of the portal media, which delivers the news contents in relation with newspapers, are playing the similar role with that of the conventional media such as newspapers and broadcasting. It also analyzes the endeavors of legalization by the congress members and legal cases of Korean judiciary.
It reveals that even though there are contradictions among the media and law scholars about whether the portal media is included in the area of conventional media. related congress members and Korean courts tend to regard the portal media is working a similar role of the conventional media. However, the judiciary did not specifically define whether the portal media should be treated like the conventional media.
Under this circumstances, regardless of whether the portal media is conventional media, a proper way of redressing the grief in the portal media should be established. This is closely related with the responsibility of the Internet Service Provider (ISP). Other countries such as the U.S., Japan, and Germany do not impose a heavy weight on the ISP's responsibility. Thus, ISPs are exempt from the responsibility if some required conditions are met.
Conclusively, in Korea, we need a new act that can merge the related-discussions into establishing a proper model to recovering the damages in the portal media. And the model should be based on ‘notice and take-down principle’ or ‘wire service defense rule’.
Original languageUndefined
Pages (from-to)265-296
Number of pages32
JournalJournal of Broadcasting and Telecommunication Research
Volume66
Publication statusPublished - 2008
Externally publishedYes

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damages
news
judiciary
responsibility
newspaper
legalization
grief
broadcasting
Korea
service provider
Japan
Internet
Law

Cite this

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title = "매개된 뉴스로 인한 인격권 침해의 구제방안 연구",
abstract = "This study is focused on how to build a proper measure of redeeming repuational damages caused by news service in the portal media. In order to do this, it examines the discussions about whether the news services of the portal media, which delivers the news contents in relation with newspapers, are playing the similar role with that of the conventional media such as newspapers and broadcasting. It also analyzes the endeavors of legalization by the congress members and legal cases of Korean judiciary.It reveals that even though there are contradictions among the media and law scholars about whether the portal media is included in the area of conventional media. related congress members and Korean courts tend to regard the portal media is working a similar role of the conventional media. However, the judiciary did not specifically define whether the portal media should be treated like the conventional media.Under this circumstances, regardless of whether the portal media is conventional media, a proper way of redressing the grief in the portal media should be established. This is closely related with the responsibility of the Internet Service Provider (ISP). Other countries such as the U.S., Japan, and Germany do not impose a heavy weight on the ISP's responsibility. Thus, ISPs are exempt from the responsibility if some required conditions are met.Conclusively, in Korea, we need a new act that can merge the related-discussions into establishing a proper model to recovering the damages in the portal media. And the model should be based on ‘notice and take-down principle’ or ‘wire service defense rule’.",
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journal = "Journal of Broadcasting and Telecommunication Research",
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매개된 뉴스로 인한 인격권 침해의 구제방안 연구. / Lee, Jaejin; SANG, Yoonmo.

In: Journal of Broadcasting and Telecommunication Research, Vol. 66, 2008, p. 265-296.

Research output: Contribution to journalArticle

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AB - This study is focused on how to build a proper measure of redeeming repuational damages caused by news service in the portal media. In order to do this, it examines the discussions about whether the news services of the portal media, which delivers the news contents in relation with newspapers, are playing the similar role with that of the conventional media such as newspapers and broadcasting. It also analyzes the endeavors of legalization by the congress members and legal cases of Korean judiciary.It reveals that even though there are contradictions among the media and law scholars about whether the portal media is included in the area of conventional media. related congress members and Korean courts tend to regard the portal media is working a similar role of the conventional media. However, the judiciary did not specifically define whether the portal media should be treated like the conventional media.Under this circumstances, regardless of whether the portal media is conventional media, a proper way of redressing the grief in the portal media should be established. This is closely related with the responsibility of the Internet Service Provider (ISP). Other countries such as the U.S., Japan, and Germany do not impose a heavy weight on the ISP's responsibility. Thus, ISPs are exempt from the responsibility if some required conditions are met.Conclusively, in Korea, we need a new act that can merge the related-discussions into establishing a proper model to recovering the damages in the portal media. And the model should be based on ‘notice and take-down principle’ or ‘wire service defense rule’.

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