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http://dx.doi.org/10.9708/jksci.2012.17.5.177

The Regulations by Criminal Law against any Libel in Cyberspace  

Yoo, In-Chang (Dept. Police Administration, Joongbu University)
Publication Information
Journal of the Korea Society of Computer and Information / v.17, no.5, 2012 , pp. 177-183 More about this Journal
Abstract
There occur various crimes in cyber space hiding behind anonymity to avoid punishment by criminal law. One of the most serious crimes committed in cyber space is defamation against others under the cloak of freedom of expression. The infringements by defamations in cyber space are made all of a certain and widespread that the victims have no time to react, and for that reason, the shocks by the defamation are much serious and severe compared with that committed in off line. However, press and publication shouldn't infringe on other's honors, right, public order or social ethics in liberal democrat society which values much the human dignities and values as stipulated in Article 21 section 4 of the Constitution. Protection of personal honor is also the basic rights guaranteed by the Constitution as much as the freedom of expression, and by extension, such harmful behaviour shouldn't be included in the freedom of expression area. In this way, slander can be considered as the minimum limitation of the freedom of expression.
Keywords
cyber space; defamation; the freedom of expressionn; basic rights; the human dignities;
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