Hate Speech and Legal Restrictions in Japan

Abstract

This paper introduces a recent case regarding hate speech and discusses legal issues as to how to deal with forms of speech that racially vilify others in Japan. The case, decided by the Kyōto District Court and, on appeal, by the Ōsaka High Court, concerns the racist propaganda activities targeted at a Korean school conducted by a right-wing group. The courts of first and second instance acknowledged those activities as tortious acts under Art. 709 of the Civil Code in light of the International Convention on Elimination of All Forms of Racial Discrimination and awarded the plaintiff school a substantial amount of damages. The decisions are significant, since they were the first judgments which found hate speech to constitute an act of illegal racial discrimination and awarded damages to the plaintiff within the Japanese legal context, where freedom of speech is highly valued and no antidiscrimination laws against hate speech exist. However, there are limits in the judgments, especially because the scope of civil remedies is too narrow in order to effectively combat racial discrimination in the form of speech. Now it is the time for Japan to consider establishing a comprehensive legis­lation prohibiting racial discrimination or a law punishing incitement of popular hatred in order to protect and assert its democratic values.