The Regulation of Free Speech on the Internet－base on case study of American law

• Main Authors: Yuh-Hui Chiu, 邱郁惠
• Other Authors: Chi Li
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/85693968994025294022

碩士 === 國防大學管理學院 === 法律學系 === 98 === Nowadays the criminal acts generated from internet speech are increasing since we have entered a new era of internet, and we don’t have particular laws to regulate the free speech on the internet because of the difference between internet and traditional media. In order to give some suggestions that allow the Congress to establish a proper control, I would like to analyze some classical cases about the free speech on the internet in the United States and simultaneously consider the situation of our country. In the beginning, I would like to start form introducing the characteristic of internet, the difference between internet and traditional media, and the problems in law that generated on internet. Second, I will discuss the theories, the limitations, and the standard of judgment about the free speech, Law and JY Interpretation. After discussing some important categories of negative speech, such as “Obscenity”, “Libel”, “Fighting words” and find the JY Interpretation about the cases they have dealt with, and then infer a basic norm of the free speech on the internet. The cases in the United States have a special legal function which is called “Stare decisis”. It means a legal principle by which judges are obliged to obey the set-up precedents established by prior decisions and so I chose three classical cases in United States to find the attitudes that the courts hold. They are Reno v. ACLU, ACLU v. Miller and Ashcroft v. ACLU. Finally, after analyzing the situation of our country, because considering the specific characteristics of internet, I apply the Korean law, “정보통신망 이용촉진 및 정보보호 등에 관한 법률 전부개정 법률안” which is the first draft focus on internet, to address some suggestions about the administrative regulation of internet speech to the Congress for making a particular law to deal with this subject.