Tortious Liability of Internet Service Providers for Defamation: A Korean Perspective

Abstract

The paper deals with the thorny issue of tortuous liability of internet service providers from a Korean perspective. The Internet is the most participatory media that widens the scope of free speech, both quantitatively and qualitatively. At the same time, it is difficult to deny that there is a dark side of the Internet as well, such as on-line defamations, invasion of privacy and obscenity.

The present paper attempts to establish a modified standard for determining liability of ISPs for defamation. The main argument is that neither complete immunity nor broad liability is desirable.

Actual knowledge and obviousness of defamation are two factors that give rise to the duty of care for ISPs. This may add clarity and predictability to the ISP liability standard without causing too much of a chilling effect on the Internet.