數位匯流下不實訊息之管制規範研究

Abstract

科技的迅速發展，使得資訊藉由網路散布，所乘載的資訊量、傳播速度及影響力已非傳統媒體可比擬，同時也隱藏諸多問題，如當前廣受各界討論的不實訊息(Disinformation)，由於引發的問題層出不窮，輕則影響個人生活，重則危害國家安全，面對不實訊息產生的影響與威脅，各國多已提出諸多探討與行動，期遏止不實訊息的危害。\n\n本研究以國內外因不實訊息引發的相關事件為起源，蒐整國外對不實訊息的討論與管制相關資料，以監理角度觀察各國作為，同時檢視台灣對不實訊息的處理模式與規範，並試圖釐清不實訊息管制與言論自由保障之衡平，以及不同媒體或訊息類型的管制差異及限制，進一步探討法律規範外之其他可行方案及措施，提出相關建議。\n\n不實訊息為科技發展所衍生的新興議題，面對此一複雜難解的課題，本研究建議，政府以保障言論自由為前提，透過修法強化法律規範外，宜納入生態系概念，透過多方利害關係人共同協力，媒體及網路平臺業者的參與，並與第三方組織合作，及培養大眾正確的素養與思辨能力，期有效防制與降低不實訊息散布所造成的傷害。

With rapid advances in technology, information distribution via the Internet, which carries overloaded data and speedy propaganda, has unprecedentedly caused more impact than traditional media did. In the meantime, it also exposes many problems, such as one of widely discussed issues, Disinformation. Disinformation has brought about a series of problems; some might hinder personal life, while, for the worst scenario, some might endanger national security. When confronted with influence and threat brought by Disinformation, many countries have discussed and taken action toward the issue in the hope of stopping the threat of disinofrmation.\nThe initiation of the research is based on the relevant incidents caused by disinformation, to collect relevant overseas data of discussion and regulation toward disinformation, and to observe how different overseas countries deal with disinformation. Meanwhile, the research also inspects the patterns and regulations that Taiwan deals with disinformation, trying to strike the balance between message control of disinformation and freedom of speech, as well as to compare the differences of regulation and limitation of various media platforms and message types. Moreover, the research is to explore beyond regulations to find possible proposals and measures, and to propose practical suggestions.\nDisinformation has been widely-debated derived from technological advances. Nowadays, we are faced with this complicated and perplexed issue, the research suggests that the government should act on the protection for freedom of speech, enforce the law through legal amendment, and include the idea of social ecology. The research expects to effectively prevent and limit the damage from the spread disinformation by the means of collaboration from different stakeholders, participation of different media and internet owners, and cooperation of the third party in order to cultivate the public with correct media literacy as well as the ability of critical thinking.