방송의 공정성 관련 국내 법원 판례 분석: 공정성의 원칙과 사회적 합의

Analysis of Domestic Court Precedents Related to Fairness of Broadcasting: Principle of Fairness and Social Consensus

초록

In the political realm, progressive and conservative parties changed hands, and depending on which party was in power, the ruling party discussed fairness in broadcast reports and current affairs programs differently. The Broadcasting Standards Commission, which reflects the structure of the progressive and conservative camps, also did not consistently has dealt with the issue of fairness, but showed a strategic attitude to develop discussions on fairness deliberation according to the advantages and disadvantages of the regime within the conflicting structure between the camps. While Korean society is experiencing rapid changes in the media industry, social discussions regarding fairness in broadcasting areas are still stagnant. With awareness of this problem, this study attempted to study court rulings related to fairness in broadcasting areas, reinterpret the legal principles according to legal hermeneutics, and evaluate their validity from a legal policy perspective. In addition, as a way to reduce social conflict, this study sought to propose a social consensus on the principle of fairness. Based on these research results, this study proposed a practical approach to establish the ‘principle of fairness’ agreed upon by gathering opinions among members of society.

키워드

공정성; 방송의 자유; 방송 심의 제도; 사회적 합의; 공론장; Fairness; Freedom of Broadcasting; Broadcasting Review System; Social Consensus; Public Sphere
제목
방송의 공정성 관련 국내 법원 판례 분석: 공정성의 원칙과 사회적 합의
제목 (타언어)
Analysis of Domestic Court Precedents Related to Fairness of Broadcasting: Principle of Fairness and Social Consensus
저자
강재원; 최일우
DOI
10.22876/kjbtr.2023..125.001
발행일
2024-01
저널명
방송통신연구
호
125
페이지
7 ~ 42