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Japan’s tougher penalties against defamation go into effect

Before the amendment, the punishment for defamation was the lightest under the Penal Code, with a statutory penalty of less than 30 days of detention or a fine of less than 10,000 yen. (Shutterstock)
Before the amendment, the punishment for defamation was the lightest under the Penal Code, with a statutory penalty of less than 30 days of detention or a fine of less than 10,000 yen. (Shutterstock)
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07 Jul 2022 06:07:24 GMT9
07 Jul 2022 06:07:24 GMT9

TOKYO: Japan’s revised Penal Code aimed at toughening penalties for defamation was put into effect on Thursday, as part of the country’s moves to tackle online abuse.

The bill to amend the law, which was compiled following the death of a professional wrestler who took her own life at the age of 22 in 2020 after being bullied online, was enacted on June 13.

Before the amendment, the punishment for defamation was the lightest under the Penal Code, with a statutory penalty of less than 30 days of detention or a fine of less than 10,000 yen.

Under the revised law, a prison term of up to a year or a fine of up to 300,000 yen is added as a statutory penalty for the crime of defamation.

Speaking at a press conference on Tuesday, Justice Minister Yoshihisa Furukawa said that the amendment was made to “show a legal evaluation that (defamation) is a crime that should be dealt with in a strict manner, in order to deter (such acts).”

Many had voiced during deliberations on the bill at the Diet, Japan’s parliament, that the toughened penalties would prevent people from freely criticizing lawmakers.

In response to such concerns, the country will involve external experts in three years’ time to assess whether the change in law has unreasonably restricted freedom of speech, as stipulated in a supplementary clause, which was added to the revised Penal Code.

On June 29, the Justice Ministry sent out a notice to public prosecutors offices throughout the country requesting that they administer the revised law in an appropriate way.

The ministry on its website has also created a page answering questions related to the toughened penalties, in hopes to dispel any concerns about the law revision. The ministry clearly stated that justifiable acts of expression, such as fair criticism, will not be punished.

On Wednesday, the mother of Hana Kimura, the late professional wrestler, issued a statement through her nonprofit organization.

“I see (the toughened penalties) as a big step forward to reduce defamation,” the 45-year-old mother, Kyoko, said.

JIJI Press

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