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Japan to toughen regulations on abusive online posts

At some parties including the LDP, politicians are starting to prepare a bill to strengthen penalty for online slander. (Shutterstock)
At some parties including the LDP, politicians are starting to prepare a bill to strengthen penalty for online slander. (Shutterstock)
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31 May 2020 06:05:57 GMT9
31 May 2020 06:05:57 GMT9

TOKYO: Japan's public and private sectors are both moving to toughen regulations on abusive online posts after the death of professional wrestler and reality show personality Hana Kimura.

The government and the Liberal Democratic Party-led ruling camp have started work to create a system to prevent ill-intentioned online posts, while the social media industry is trying to strengthen its rules.

But experts warn that excessive regulation could endanger freedom of expression.

Kimura, a cast member of the "Terrace House" television show, met with many abusive comments on social media especially after her appearance in the show in late March.

Following her death on May 23, many people including celebrities and politicians are growingly critical of such online abuses.

"Anonymously slandering others is mean and unforgivable," communications minister Sanae Takaichi told a press conference Tuesday.

The communications ministry will consider measures to make it easier to identify those who posted abusive remarks on social media at an experts panel set up in April.

Under a law on internet service providers, victims whose rights were infringed through anonymous online comments can request the operators of the services where the comments were posted to disclose information on those who made the postings.

If the providers refuse, the victims would need to file lawsuits against the providers.

Even if the victims win and receive IP addresses and other information, they would then need to ask for the disclosure of the names and mail addresses of the people who made the comments in question.

Depending on the response from the providers, fresh litigation would have to be started.

Furthermore, it is difficult in many cases to establish criminal responsibility of those who posted such comments, according to experts.

"It may take at least nine months to identify those who made such comments, and the total process including litigation may require as many as two years," lawyer Mayumi Matsushita said. "Victims bear very heavy burdens."

The communications ministry panel will discuss measures to make it easier for online slander victims to obtain information on those who posted such comments without resorting to litigation.

The ministry hopes the measures will be worked out by November so that a revision to the law will be enacted in 2021.

At some parties including the LDP, politicians are starting to prepare a bill to strengthen penalty for online slander or place restrictions on abusive comments on social media.

But experts are concerned that excessive regulation would hamper even just criticism of politicians and companies.

Whistle-blowers can fully play their role because they can remain anonymous if they want, the experts say. New regulations could cause disadvantages to society if they become a brake on their activities.

"An orthodox way is to resolve each dispute by having parties concerned discuss what is slander and what is not," lawyer Yuichi Nakazawa said.

"If authorities intervene further, free discussion would be stifled," said Nakazawa, who advises clients on measures to fight negative rumors spread online.

The social media industry is also starting action.

An emergency statement was issued Tuesday by an industry group known as SMAJ, whose members include free messaging app provider Line Corp. and a Japanese unit of U.S. social media giant Facebook Inc.

The statement said the members will ban users from posting messages intended to defame or insult others and stop the use of their services by violators.

Yahoo Japan Corp., the country's biggest internet bulletin board operator, deletes malicious posts as soon as it finds them.

Meanwhile, an official of a major internet service provider said the company does not take any special step because users are expected to decrease if rules become too strict.

JIJI Press

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