Media law in Japan

Media law in Japan

• Suman Acharya

After Japan’s defeat in World War II, the allied occupation forces, in an effort to demilitarize Japan, abolished many prewar laws and regulation restricting the press which is revised by the General Headquarters of the Supreme Commander for the Allied Powers. The constitution 1947 is completely dominated by American constitution because of the win of American force over Japan. So, there is liberal law and regulation in Japan, even there is no any restriction on foreign investment. Japanese legal system was completely changed after the defeat in Second World War. Before this, draconian tough military restriction, prior restrain and authoritarian system had badly defunct the press freedom in Japan. All media should work as per the governmental interest. After war, new constitution 1947 was appeared substituting the constitution of 1889 which is still running. With the advent of cold war, GHQ communist newspaper and expel all communist journalists from each office too as the interest of US government. So, Japanese government is also the puppet of the American government.

Article 21 of current constitution has guaranteed the freedom of speech and expression in Japan as “No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.” It has also protected the privacy of media too. It doesn’t try to limit press freedom. However, Supreme Court has established the precedent that this constitution couldn’t stop to impose reasonable restrictions to establish peace, order, justice in society. So, the decision of Supreme Court is final on each case which is used to safeguard the freedom of press too. However, defamation law, election law, privacy law, public worker law are used to control the press freedom time and again.

Defamatory law was merged in Criminal Procedure Code which clearly says that any issues attested by the newspaper with proof couldn’t produce the ground of punishment to editor, publisher or journalist but will be punished instead of this ground. There is no any ground or provision in terms of official secret in Japan but civil servant has the duty not to reveal such an issues. According to the Supreme Court verdict, it is worse thing if the journalists or other tries to get information under coercion or intimidation of any official. However, court decided in 1980 that journalists of Japan has no obligation to reveal their sources or can protect their source if the issue is sentimental. Such legal protection to journalist is given first time in its history of press freedom. 175 of Criminal Code restrict obscene materials too and Article 21 of Custom Standard Law restricts on importation of pornographic material. There is also copyright law that should be followed by the media too.

However, clause 709 and 710 has mentioned about defamation which used to control the press time and again in various name of defamation though it is not genuine. According to the clause 161 of criminal procedure code, it will be crime if anybody isn’t ready to be witness or reject to provide publicly interested information. Any issues written with open-heart without any negative intention couldn’t produce the ground of punishment to journalists. In fact, there is no any clear restrictive law in Japan but they follow the self-censorship rule which is developed with organizational development of Japanese media mainly as follows.

a.     Not to criticize the royal family

b.    Not to criticize the political interrelationship

c.     Not to exploit the sensitive class of the society

In fact, Japanese government doesn’t make any law and policy to veer round the information flow system of Japan. Big media house doesn’t write any scandalous news of the government too but they help to publicize such issues in foreign media. So, there are two way interdependent roles between media and government of the Japan.

Kisha Kurabu

            Kisha Kurabu is the press club of the Japan which helps journalist to collect information concerned to governmental issues. Each and every governmental body forms such club comprising their authority and local journalists as a member. More than 400 such a clubs are existent in Japan. Official gives information to club in terms of new policy and programming of the office. If any change, so, they inform club, first of all, before giving such issues to others. While taking the duty, clubs pay attention only on public welfare and advantages.

Broadcasting law of Japan

Japan has amended previous electronic media law when it projected its own satellite in 1989 which are JCSAT – I, SUPERBIRD – A to give license every media to uplink in satellite. NHK, first TV of Japan, operated in 1953 and breaked its monopoly with following laws of Japan.

1. Radio law 1950
2. The broadcast law 1950
3. Radio Regulatory Commission Establishment Law 1950
4. Cable TV Broadcast Law 1972

Online media law in Japan

1. Public Telecommunication Law
2. Telecommunication Business law 1985
3. Nippon Telegraph and Telephone law 1985