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News Media and Defamation Law in South Korea: A Case of the 'Positivist, Instrumentalist Interaction' |
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Abstract:
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On the premise that “political freedom ends when government can use its powers and its courts to silence its criticism” and “the presence or absence in the law of the concept of seditious libel defines the society,” this paper focuses on the “positivist, instrumentalist” interaction between press freedom and political libels in South Korea. The paper first analyzes the constitutional and statutory status of freedom of the press and reputational interests. Next, the analysis examines the judicial interpretations of the Constitution and various statutes affecting press freedom vs. reputation. Finally, the author highlights the short- and long-term implications of political libels for the freedom of the Korean press and suggests several propositions as a possible way to rethink political libels in the context of Korea’s liberal democracy. |
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court (179), public (129), libel (129), korean (86), law (82), press (78), suprem (61), korea (54), defam (52), freedom (52), media (50), constitut (44), seoul (41), case (41), interest (41), figur (40), news (37), stori (37), reput (35), polit (35), report (34), |
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Association:
Name: International Communication Association
URL: http://www.icahdq.org
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Citation:
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MLA Citation:
| Youm, Kyu. "News Media and Defamation Law in South Korea: A Case of the 'Positivist, Instrumentalist Interaction'" Paper presented at the annual meeting of the International Communication Association, Marriott Hotel, San Diego, CA, May 27, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p112292_index.html> |
APA Citation:
| Youm, K. H. , 2003-05-27 "News Media and Defamation Law in South Korea: A Case of the 'Positivist, Instrumentalist Interaction'" Paper presented at the annual meeting of the International Communication Association, Marriott Hotel, San Diego, CA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p112292_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: On the premise that “political freedom ends when government can use its powers and its courts to silence its criticism” and “the presence or absence in the law of the concept of seditious libel defines the society,” this paper focuses on the “positivist, instrumentalist” interaction between press freedom and political libels in South Korea. The paper first analyzes the constitutional and statutory status of freedom of the press and reputational interests. Next, the analysis examines the judicial interpretations of the Constitution and various statutes affecting press freedom vs. reputation. Finally, the author highlights the short- and long-term implications of political libels for the freedom of the Korean press and suggests several propositions as a possible way to rethink political libels in the context of Korea’s liberal democracy. |
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| Document Type: |
.PDF |
| Page count: |
23 |
| Word count: |
10379 |
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| 1 POLITICAL LIBELS AND DEMOCRACY: ARE THEY COMPATIBLE? South Korea is a democracy not only in theory but also in reality. One Western diplomat in Seoul said: "We think democracy functions well here. Koreans have won their long struggle for democracy and it is working well."1 Korea’s evolution to a liberal democracy since 1988 is remarkable. Now Koreans do not have to worry whether they will be in trouble when they criticize President Kim Dae Jung. "Indeed one gauge |
| that he possesses a high degree of awareness of their probable falsity (Garrison v. Louisiana 379 U.S. 731 in Borjal p. 29). Luis v. Teodore & Rosalinda V. Kabatay Mass Media Laws and Regulations in the Philippines 200 (2d ed. 2001). 82 The “small group theory” posits that if the defamatory language is directed toward “a comparatively small group of persons ... and is so framed as to make defamatory imputations against all members of the small or restricted |
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