In the digital society, the principle of law in the freedom of speech is construed as two opposite ways. One argues that internet, a new digital technology, depends on the free market of thought. The other argues that we must establish a theory of the...
In the digital society, the principle of law in the freedom of speech is construed as two opposite ways. One argues that internet, a new digital technology, depends on the free market of thought. The other argues that we must establish a theory of the new freedom of press in tandem with developing internet, and that we must make a law of cyber press.
Now, the point of judicial precedent in the US Supreme Court shows that internet, which compared with the press or broadcasting, has different properties, depends on the free market of thought. Internet is overlapped with the freedom of press and the freedom of communication. It is very difficult to solve this overlapping problem with respect to existing laws of press. Especially the conflict between the freedom of press and the freedom of communication takes place in this case. Since the freedom of press is superior to that of communication, we must deal with this conflict in terms of defending the freedom of press.
Peculiarities in digital society appear in disharmony of pro-function and anti-function with respect to digital technology, and the settlement to this disharmony could be regarded as the paradigm of value theory of the new freedom of press. But there are a lot of actual barriers to obstruct the settlement. Due to national, cultural, political and social differences, We cannot make a standard. The municipal law is not helpful to get rid of this obstacle. In contrast, it is possible to solve this problem by establishing the value theory of new cyber press law system in terms of international cooperation and correspondence.