ScholarWorks@숙명여자대학교

초록

This study explores the emerging issues of legal and moral infringement arising from the pivotal role of media platforms in social communication, particularly with the spread of artificial intelligence technology and the advancement of the information society, and particularly highlights the need for corresponding regulations. As the use of artificial intelligence increases, content such as deepfakes, fake news, and hate speech is spreading rapidly among the public, raising concerns that it will distort public opinion and hinder democratic decision- making. Regulating digital platforms, which play a dominant role in communication and have explosive ripple effects and influence due to their structural advantages, is the most effective way to curb the spread of illegal content. Therefore, this study examines the legitimacy of platform regulation as a response to these new threats and evaluates the current state of regulatory framework development in Europe. In particular, we introduce Germany's Network Enforcement Act (NetzDG), France's Countering Disinformation Act, and the EU Digital Services Act, which are representative examples of intermediary regulation in Europe, and examine the scope of legal liability, as well as key regulatory details required of platform operators under European law. In addition, Germany's Network Enforcement Act, often regarded as the beginning of intermediary regulation, was partially repealed with the enactment of the EU Digital Services Act, and the enactment of the German Digital Services Act has set the standard for intermediary regulation across Europe. However, these regulations may restrict the freedom of expression preemptively, raising concerns about private censorship and overblocking. Therefore, while recognizing the effectiveness and necessity of intermediary regulation, it is essential to take measures to minimize the risk of infringing on freedom of expression by expanding the regulatory body’s scope for addressing illegal content, and supplementing procedural aspects by listening to public opinion.

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