A Study on the Speech of Regulations and Legal liability in Internet Libel Cases

• Main Authors: Tsung-Chun Ho, 何宗峻
• Other Authors: Chin-Fu Liao
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/39574503029268195040

碩士 === 國立高雄第一科技大學 === 科技法律研究所 === 98 === World Wide Web differs from the traditional mass media. Due to the convergence of communication, the Internet functions as telecommunication, broadcast and TV simultaneously. For instances, email, msn, bbs, and blog are known as applications. Such convergence facilitates the abundant information to communicate and exchange rapidly within the virtual space. However, the Internet is characterized as a razor’s edge. Despite massive information transmitted with the aid of the Internet, plenty of improper or illegal information occupies the Internet as well. Moreover, the nature of transnationality, anonymity and anarchy aggravate the possibilities of cyber crimes and abuses, which have been the most knotty legal issues regarding cyber regulations that challenged the countries. This article starts from a criminal case ruled by Taipei District Court, discussing how the nature of the Internet influences the traditional defamation laws and evaluating the value in cyberspace order, and further suggests the proper regulations to restrain defamation in cyberspace and the legal liability imposed on Internet users. As integrity, this article, based on the comparative laws, probes into the transnational and jurisdictional disputes, the criteria of Internet defamatory liabilities, investigation of Internet anonymous defamation, and dilemma of Internet self-discipline, then proposes accordingly.