신문사 광고주 관련 정보에 대한 방송통신심의위원회의 위법 결정의 헌법적 문제점

초록

The Korea Communications Standards Commission(hereinafter ‘the Commission’) decided that uploading the contents about list and contact points of advertisers supporting Chosun-Ilbo, Joongang-Ilbo, Donga-Ilbo(hereinafter ‘the Contents’) on the Internet bulletin board and offering/advocating boycott against those advertisers to the public are illegal, so online service provider should delete the Contents. In the year of 2008, this decision was connected with candle demonstration against importing meat with mad cow disease. This study is aimed to analyze the unconstitutionality of the decision of the Commission. Firstly, the decision of the Commission violates the freedom of expression. In the respect of Scanlon's theory of the freedom of expression considering interests of participants, audiences, and of bystanders, the decision of the Commission had a mistake by overestimating interests of participants against interests audiences, and bystanders. The decision of the Commission also violated the doctrine of clear and present danger. In this sense, the range of illegal contents should be construed more narrowly than the standard of the Commission. Secondly, the decision of the Commission violates also the consumer' right. Generally speaking, consumer's boycotts independent of primary or secondary, are under the protection of the consumer' right. So uploading the Contents and offering/advocating boycott in this case also are legitimate and legal boycott. Particularly those are kinds of political secondary boycotts by consumers. Secondary boycotts are under the protection of consumers' right. So the decision of the Commission is unconstitutional because it violates the consumer' right.

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