• Title/Summary/Keyword: the Freedom of Expression

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A Study on Freedom Constraints of Comics Expression of Korea & Japan (한국.일본의 만화표현의 자유 규제 연구)

  • Yoon, Ki-Heon;Kim, Byoung-Soo
    • Cartoon and Animation Studies
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    • s.14
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    • pp.1-13
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    • 2008
  • The infinite imagination and variety of material, and freedom of expression are fundamental elements of the comics. However, although the freedom of comics expression is linked with the liberty of speech and press, it's expression is constrained by a public authority and social pressure, self-regulation. This paper explains some problems and desirable freedom of expression thought researches on constraints of comics expression of Korea and Japan.

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A Preliminary Study on Intellectual Freedom in American Libraries (도서관에서의 지적자유에 대한 이론적 고찰과 저해하는 사례 연구 - 미국의 경우를 중심으로 -)

  • 이명희
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.12 no.2
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    • pp.141-162
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    • 2001
  • This study focuses on“Intellectual Freedom”based on the fundamental principles of library user services in Western countries. Particularly, this paper pursues to the philosophical foundations of“the freedom of expression”. It also studies how“the freedom of expression”was restrained by pursuing the definitions of“pornography”and “obscenity”in terms of the court's opinions of The Supreme Court of the United States. Also, PICS and the Communication Decency Acts were discussed.

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A Study on the right to be forgotten in Digital Information Societies

  • Gu, Hyung-Keun
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.10
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    • pp.151-157
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    • 2017
  • In the case of uploading privacy information of an information owner in the Internet, the information owner may want to deliver the privacy information itself or remove such information from the search list in order to prevent third parties from accessing the privacy information of the information owner. Such a right to be forgotten may collide with the freedom of expression of a third party. The right to be forgotten, which originates from the self-determination right on privacy information based on Article 10 and 17 of the Constitution and the freedom of expression, which is based on Article 21 thereof are all relative basic rights and are both limited by Item 2 under Article 37 of the same law, which is the general limitation provision for the basic rights. Therefore, when the right to be forgotten and the freedom of expression collides, it is not possible to give priority to one of the those unilaterally. It depends on the nature of the case at hand to find a natural balance for the harmonious solution for both parties. The criteria can be the sensitivity to the privacy of the information owner caused by the disclose of the privacy information, the public benefits such information may serve, the social common good that could be expected by the disclosure of the privacy information and the damages suffered in terms of the personal interest caused by the disclosure of the information, in a comprehensive manner.

A Comparative Analysis of the Research Trends on Disinformation between Korea and Abroad (국내외 허위정보 연구동향 비교분석)

  • Kim, Heesop;Kang, Bora
    • Journal of the Korean Society for Library and Information Science
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    • v.53 no.3
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    • pp.291-315
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    • 2019
  • The aim of the present study was to compare the research trends on disinformation between Korean and abroad. To achieve this objective, a total of 283 author-assigned English keywords in 104 Korean papers and 3,551 author-assigned English keywords in 861 abroad papers were collected from the whole research fields and the publication periods. The collected data were analyzed using NetMiner V.4 to discover their 'degree centrality' and 'betweenness centrality'of the keyword network. The result are as follows. First, the major research topics of disinformation in Korea were drawn such as 'Freedom of Expression', 'Fact Check', 'Regulation', 'Media Literacy', and 'Information Literacy' in order; whereas, in abroad were shown like 'Social Media', 'Post Truth', 'Propaganda', 'Information Literacy', and 'Journalism' in order. Second, in terms of the influence of research topics related to disinformation, in Korea were identified such as 'Fact Check', 'Freedom of Expression', and 'Hoax' in order; whereas, in abroad were shown such as 'Social Media' and 'Detection' in order. Finally, in an aspect of intervention of research topics related to disinformation, in Korea were 'Fact Check', 'Polarization', 'Freedom of Expression', and 'Commercial'; whereas, in abroad were 'Social Media', 'Detection', and 'Machine Learning' in order.

Trends and Implications of Global Game Rating Systems (세계 게임심의제도의 추세 및 함의점)

  • Park, Tae-Soon
    • Journal of Korea Game Society
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    • v.11 no.4
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    • pp.93-104
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    • 2011
  • This article inspected 16 game rating systems in the world to find out the trends of those. Mainly the perspective of freedom of expression is used to find out the implications of the trends. As the position of game becomes higher, the increase of game specialty rating institutions, the augmentation of self regulations rating institutions, the enlargement of freedom of expression in the area of game are revealed as trends. These trends are in the natural order of events that match with the development of game. We could know that rapid change and innovation is much needed.

The Regulations by Criminal Law against any Libel in Cyberspace (사이버명예훼손행위와 형사법적 대응방안)

  • Yoo, In-Chang
    • Journal of the Korea Society of Computer and Information
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    • v.17 no.5
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    • pp.177-183
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    • 2012
  • 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.

Freedom of Broadcasting and on the Structure Restricting of Broadcasting in the Constitution (헌법상의 방송의 자유와 방송규제의 법리)

  • Cha, Su-Bong
    • The Journal of the Korea Contents Association
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    • v.8 no.4
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    • pp.164-172
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    • 2008
  • For a long time, the basis of Korea Broadcasting law and regulation system has been center around television, This is not much different from other countries. This study is based on research of Korea Broadcasting law and regulation system. It precludes all doubts that freedom of broadcasting is one of those fundamental human rights that constitute the comer stones of democracy, just as is the case with the press. The objective of this study is to explore the practical meaning and the structure of regulations on the freedom of broadcasting under the Constitutional of the Republic of Korea, From the viewpoint of freedom of expression. For these purposes, this study inqures into the meaning and legal characters of freedom of Korean Constitutional Law, and the structure restricting freedom of broadcasting on the ground of functions and role of broadcasting in our contemporary society, comparing with those of the Unites states of America and the Federal Republic of Germany.

An exploratory study on the Press Arbitration Act, freedom of expression, and regulation of false and manipulated information (언론중재법과 표현의 자유 그리고 허위·조작 정보의 규제에 대한 탐색적 연구)

  • Kim, Jea-young
    • Journal of Arbitration Studies
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    • v.31 no.4
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    • pp.71-97
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    • 2021
  • The meaning of the amendment to the Media Arbitration Act in our society is not limited to media companies. And it's not just a problem for a specific group. It expresses public value because it is an issue that can affect members of society as a whole and furthermore, it becomes a bill that can infringe or strengthen individual freedom guaranteed by the Constitution, but makes different arguments. Freedom of speech is not achieved in a day and should not be easily lost by someone. Although it is not a frequent problem, fatal threats arising from wrong media reports take away an individual's present and future. It is because of this problem that the responsibility is important. Freedom of speech and control are heading in different directions, but they are the same as the front and back of the coin. The freedom pursued is different, but it consists of one body. If freedom and responsibility of speech made up of one body criticize or ignore each other, the results are scattered into a distorted On the other hand, the flexion of responsibility without freedom serves as a speaker that conveys the ideology of some classes or represents the interests of a particular group. The fact that the media should act as the air of society means that it should represent the interests of the majority, make them aware of the rights of unfair or marginalized members, and be their strength.

Freedom of contract in the digital age and its implementation in modern technologies: theory and practice

  • Davydova, Iryna;Bernaz-Lukavetska, Olena;Tokareva, Vira;Andriienko, Iryna;Tserkovna, Olena
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.544-548
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    • 2021
  • Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

An Empirical Investigation of the Citizens' Freedom of Expression and Trust in Public Agency to use Social Media in Post-Communist Countries: The Case of Mongolia

  • Erdenebold, Tumennast;Kim, Suk-Kyoung;Rho, Jae-Jeung;Hwang, Yoon-Min
    • Asia-Pacific Journal of Business
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    • v.12 no.1
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    • pp.41-56
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    • 2021
  • Purpose - This empirical study examined the influence of post-communist countries sociol-political factor of freedom of expression preconditioning, and trust in agency, mediating performance expectancy of social media users representing the citizens' behavioural intention to utilize social media in a post-communist country, the case of Mongolia. Design/methodology/approach - This research collected 403 valid survey data from citizens those who use social media in Mongolia. The study used Partial Least Squire (PLS) analysis with the research conceptual model founded on the UTAUT model. Findings - The study shown that citizens in post-communist, they strongly willing freedom of expression, which driving as a positive precondition factor, and this has an indirect positive influence, and trust in agency mediates to enhance performance expectancy. Social influence, and effort expectancy factors have direct positive influence on the intention to use of social media systems in the public sector domain of Mongolia. Research implications or Originality - This research proposed a new model to test citizens' intention to use social media as a communication tool to engage with public organizations in the pre-adoption stage of post-communist countries. Theoretically, this research builds up to the unique theoretical contribution with social media by examining a new social media-based third-party intercommunication medium, incorporating intent to utilize for citizens with government in post-communist countries. Practically, this article lays out the directions to aid social media usage for government sector with concerning citizens intentions in the post-communist situation.