of expression, as fundamental rights constitutionally guaranteed, ought to be protected within each area through the adversarial process among them in mutually strained relations, and one side cannot be sacrificed to protect the other. 3) Meaning and contents of publicity in accordance with communication means and structural changes The meaning of publicity is not fixed but the concept and content can differ according to the changes of times or development of information and communications networks. In our society, there are also many cases of raising unfounded doubt or revealing rumors about another’s hierarchical and social status, activities, etc. by using an information and communications network such as the Internet, etc. Although the revealed facts are not false facts, the case which is no different from defaming another or seriously harming another’s social evaluation at least by actually alleging false facts in the matter of raising distorted doubts or additionally revealing biased opinions or unjust assessment based thereon frequently occur. Furthermore, under the influence of the conventional values of our society placing emphasis on honor and decency, social damage has already been serious as a result of defamation and libelous comments through information and communications networks including the Internet, etc. Therefore, personal rights greatly need to be protected by regulating libelous expressions in consideration of the aforementioned current modality of defamation and the distinct characteristics of our society even in case of guaranteeing the freedom of expression (see e.g., Constitutional Court en banc Decision 2013Hun-Ba105, 2015Hun-Ba, Feb. 25, 2016 (Merged)). The theory of propagation possibility can be seen to accord with the concept of publicity as referred to in various forms of defamation punishment regulations including an information and communications network, etc. Most intentions are expressed and conveyed through an information and communications network including SNS, e-mail, portal site, etc. as a result of the development and universalization of mobile technology such as the Internet and smartphone, and, according thereto, defamation through information and communications networks is also rapidly growing. Such information and communications network and information distribution processes have intrinsic attributes of virtual interaction, accessibility, anonymity, connectivity, etc., and thus as information is easily stored infinitely, reproduced and delivered, defamation through an information and communications network becomes obscure in the scope