• Korean journal of communication and information
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• v.29
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• pp.233-269
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• 2005

The purpose of the study is to explore the characteristics of lawsuits against investigative reporting programs of the broadcast media. This study proposed three research questions: (1) what were the characteristics of court derisions on the investigative reporting programs? (2) what were the reasonings on which judges rely in the lawsuits for a right of reply? (3) what were the critical issues and how the libel laws were applied in balancing between the freedom of the press and the protection of individual rights. To answer these questions, the study employed quantitative and qualitative methods analysing 35 related cases. This study revealed that investigative reporting programs must deal with the Issues of 'public figures' and 'matters of public concern' to be protected under the freedom of the press. The study also found that the broadcast media must prove legitimate public interests and the truth of the facts to prevail in a case. In 1999, the Constitutional Court of Korea held that pubic figures in libel cases must be regarded differently from private figures. In accordance with the decision, the Supreme Court has applied differing criteria for public figures in libel cases. However, courts have not set a clear definition of the public figure yet. To advocate the freedom of the press, as the results of this study indicate, TV producers and journalists should behave lawfully in the course of newsgathering and provide the opportunities of reply for their news sources.