정보통신망법상 권리침해·불법정보의 범위 확대와 자율규제 가능성

Abstract

In the current 21st National Assembly, a number of amendments to the Act to expand ‘illegal information’ of the Information and Communication Network Act have been submitted. In addition, many amendments to the law to strengthen the responsibility of information and communication service providers have been submitted. Illegal information has been expanded, and there are many amendments to the law that apply “temporary measures” that were applied to information on infringement of rights to illegal information. It is important to protect the freedom and rights of users in the information and communications network. However, it should not be a bill that reduces the self-regulation of business operators. The amendments to the Information and Communication Network Act submitted to the National Assembly are overlapping. The amendments to the law are criticized for failing to take into account the actual enforcement costs or enforceability. There are only a few bills that have proposed the ‘right to raise objections’ for temporary measures. Legislation was needed to indemnify business operators. However, there are no amendments to the law. Another problem is that the legal amendments are likely to violate the principle of clarity and the principle of prohibition of excess. Careful legislative activities are required to protect freedom of expression through information and communication networks and the rights of users.