Algorithm and journalism
The power of legacy media originated from material foundations, not contents. Legacy media has exercised its power through the control of means of publishing, namely rotary machines. Article 21 (3) of the Constitution reflects this. It states that “The standards of news service and broadcast facilities and matters necessary to ensure the functions of newspapers shall be determined by Act.” In the past, newspapers controlled production of information, publication of article, and distribution of newspaper. However, as big technology corporations virtually monopolized the news publishing and distribution process, the nature of legacy media has changed to be in charge of only production of information. The Constitutional Court of the Republic of Korea concluded, “Media diversity is an indispensable premise for democratic society based on pluralism.” However, as big technology corporations and algorithms intervened in news distribution, the market for diversity of opinions market has collapsed. The monopoly of the algorithm’s distribution of articles is unconstitutional. In order to realize diversity of public opinion in a new media environment, regulation must target an algorithm not a rotary press.