The ruling Liberal Democratic Party (LDP) has governed almost continuously since 1955, with stints in opposition from 1993 to 1994 and 2009 to 2012. While Article 21 of the Constitution of Japan guarantees freedom of expression and prohibits formal censorship, effective censorship of obscene content does exist and is justified by the Article 175 of the Criminal Code of Japan.Historically, the law has been interpreted in different waysrecently it has been . Osakas ordinance authorized the public identification of groups that disseminate hate speech, defined as communication which defames and aims to exclude a particular group based on race or ethnicity, including through online transmission, according to news reports.16 Japanese and American Legal Systems. A new law makes "online insults" punishable with jail time! However, in February 2020, he was convicted and received a 100,000 ($906) fine, after the Tokyo High Court overturned the acquittal.7 In December 2019, Kawasaki City created the first nondiscrimination ordinance that includes criminal penalties for hate speech in public spaces. Japan's parliament enacted the proposed revised copyright law on Friday to expand the law to punish those who knowingly download illegally uploaded or pirated manga, magazines, and academic works . Access is well distributed across the population, though access is less common among the elderly.4 Some of those arrested were fined 100,000 ($906).5 But in the eyes of . This law doesn't make any sense and it just have the opposite effect. In 2017, the Japanese video website Niconico took down two videos posted from an internet protocol (IP) address in Osaka after municipal officials flagged them for violating a local ordinance regulating hate speech.3 In a 2017 report, the United Nations (UNs) special rapporteur on freedom of expression noted that there were significant worrying signals regarding self-censorship among journalists on issues such as the 2011 Fukushima nuclear disaster.1 However, some digital activities require separate registration. The China . In February 2020, data communication was unavailable for a few hours for mobile virtual network operator (MVNO) Mineo customers.9 Media scrutiny of reportage involving the 2011 disaster has continued. In 2021, Japan faces some of the biggest social, political, and economic changes of a lifetime. In March 2020, the government approved a revision of the Copyright Act, making it illegal to download manga, magazines, and academic publications, in addition to music and videos including in the previous version, without the copyright holders permission. Individuals who have criticized the ruling LDP and the government have also faced targeted harassment. Observers argue that the industry has generally improved since the MIC was established in 2001, which resulted from the merger of the Ministry of Home Affairs, the Ministry of Posts and Telecommunications, and the governments Management and Coordination Agency.1, Nongovernmental organizations (NGOs) supported by the relevant companies in these three sectors perform a self-regulatory function. Are there legal, regulatory, or economic obstacles that restrict the diversity of service providers? Service providers protect themselves from civil liability by adhering to voluntary guidelines on takedown requests.8 The man who later confessed to the stabbing allegedly harassed Okamoto online; in November 2019, he received an 18-year prison sentence.8. Due in part to strong infrastructure, internet access is widely available to users in Japan. The law did not actually ban or penalize hate speech, leading some critics to argue that it would be ineffective.6 Japan tends to censor some stuff like decapitations and gore. Japans telecommunications infrastructure is advanced, and there have been no reports of the government deliberately disconnecting telecommunications service. Under the guidelines, anyone can report material that infringes directly on their personal rights to the service provider, either to have it removed or to find out who posted it. Explicit images of genitalia are forbidden in Japan . Some tabloid newspapers and online news outlets have reportedly harassed journalists who disagreed with the government more broadly.4, Women also continue to face targeted online harassment. According to a survey conducted by international security firm CrowdStrike, a little more than half of the 200 largest Japanese companies, including Honda, Canon, Citizen Watch and Asunaro Aoki Construction, have been hit by ransomware cyberattacks, and 33 companies have paid an average of 123 million ($1.12 million) to criminal networks to prevent their password-protected data from leaks. Does state surveillance of internet activities infringe on users right to privacy? If a device is successfully hacked, its owner will be advised to strengthen security measures, for instance by making their passwords more complex. Criminal sanctions for misusing personal data and restrictions on the transfer of personal data to overseas jurisdictions that lack equivalent safeguards were also strengthened.7 In March 2020, Japanese central bank Sumitomo Mitsui abolished the official dress code,5 : spring pictures) that are banned in present-day Japan and were printed and published in the USA. In June 2020, Japan passed amendments to the Act on the Protection of Personal Information. During the previous reporting period, a number of users were charged with virus-related offenses (see C3). Japans antistalking law, originally enacted in 2000, was revised in 2013 to address email harassment, and further revised in 2016 to penalize repeated blog posts or messages on social networking services.15. The PS4 launched in 2013, but Japan's release came afterward. In May 2020, many celebrities voiced their opposition to a draft bill that would allow the government to delay the retirement of senior prosecutors, arguing that the bill undermined the constitutional separation of powers.3 Are online sources of information controlled or manipulated by the government or other powerful actors to advance a particular political interest? While Article 21 of the Constitution of Japan guarantees freedom of expression and prohibits formal censorship, effective censorship of obscene content does exist and is justified by the Article 175 of the Criminal Code of Japan. Mori resigned a week after the petition was created (see B8). In recent years, content removals have focused on hate speech and illegal content, including child sexual abuse images and intimate images shared without the subjects consent. Authorities have used the law to convict the operators of manga piracy site Mangamura (see C2 and C3). Google reported 145 requests for user data between January and June 2020 and produced some data in 83 percent of cases.16 Does the government place restrictions on anonymous communication or encryption? A Change.org petition calling for Mori's resignation garnered more than 145,000 signatures in one week. although the program continued. While the government is relatively transparent in its censorship decisions, previous blocking and efforts to give authorities more censorship power have raised concerns. Police can request these details, along with usage logs, if they detect illegal online activity. Do infrastructural limitations restrict access to the internet or the speed and quality of internet connections? The Act on Prevention of Improper Use of Mobile Phones (2005) requires mobile voice communication carriers to verify the identity of subscribers when a contract was terminated or transferred, in order to prevent a situation in which cell phone subscribers cannot be identified. Rakuten, in an effort to gain a competitive edge, launched cheaper plans in April 2021 compared to those offered by the other three mobile service providers. According to the Inclusive Internet Index 2021 report, Japan ranks 12th out of 100 countries surveyed for affordability, defined by cost of access relative to income and the level of competition in the internet market.1 The future of an independent NHK is crucial given the increasing demand for impartial, objective and trusted sources of information. Amid rising concerns over misinformation online - including surrounding the COVID-19 pandemic, especially vaccines - Americans are now a bit more open to the idea of the U.S. government taking steps to restrict false information online.And a majority of the public continues to favor technology companies taking such action, according to a new Pew Research Center survey. and the online organization of large demonstrations and protests against nuclear energy. Does monitoring and collection of user data by service providers and other technology companies infringe on users right to privacy? There is full competition in the ownership of gateways to the international internet.1 In 2016, the law was expanded to include fraud, theft, and child sexual abuse images.9 Depictions of genitalia are pixelated to obscure them for internet users based on a commonthough poorly articulatedinterpretation of Article 175 of the penal code, which governs obscenity.7 The 2013 My Number law introduced a unique 12-digit number for all long-term residents used to access unified social welfare services and taxation purposes. Connectivity for households in the heavily populated Kant region, which includes Tokyo, costs nearly 1,300 ($12.49) more per month than in the least expensive regions, Tohokuin the northeast.3 Censorship by the government is unconstitutional. However, recent developments in Japan have raised serious concerns about increased surveillance, including reports of opaque surveillance operations and the approval of a conspiracy law that may allow police to seek wiretap warrants in a wider range of circumstances. According to Article 23(1) of Japan's Public Housing Law, it only applies to married and unmarried different-sex couples. Under the criminal procedure code, however, investigators can order a person to decrypt an encrypted electronic record.2, Increased concerns over harassment, intimidation, and slander during the previous coverage period led members of the ruling LDP to meet with experts to discuss the possibility of deanonymizing the accounts of those who engage in such behavior online. Under that law, providers must comply with takedown requests within two days.8, The threat of official content restrictions looms periodically during public debates about child safety, though carriers and content producers have successfully resisted intrusive regulation. Japans Supreme Court protects privacy in part through its interpretation of Article 13 of the constitution, which provides for the right to life and liberty.1 10 In June 2019, the movements organizer, actress and freelance writer Ishikawa Yumi, submitted an online petition, which then bore almost 20,000 signatures, to the Health Ministry calling for an end to the requirement.4 Despite promises that the program will not target phones and personal computers, critics have expressed privacy concerns (see C5). Some observers said this was an attempt to control public discourse, though deletions were not widespread. the change was expected to allow tourists who were supposed to visit Japan during the 2020 Summer Olympics to more easily access mobile services.10. Authorities typically do not order service providers to block or filter content in Japan. With the space for such advocacy under threat in many . During the same period, Twitter received 16,648 requests for content removal.6 After a three-month delay in rollout due to the COVID-19 pandemic, Rakuten Mobile launched 5G services in September 2020.4 Increasingly, however, if we want to find direct government censorship of speech, we don't have to travel far. In this case, a man asked Google to remove search results documenting a crime he committed over five years earlier.11 2, A 2003 law protects personal information collected electronically by private and public-sector organizations when it consists of more than 5,000 records.3 In May 2021, the NICT released a summary of NOTICE-related activities, disclosing that it attempted to access 112 million IP addresses, and that the NOTICE alert detected 1,817 targets and notified service providers.6, The conspiracy law passed in 2017 raised the possibility of more government surveillance. While cyberattacks against journalists and activists are rare, private companies have been targeted in previous coverage periods. Rakuten Mobile partnered with electronics firm NEC to launch 5G services, originally planned for June 2020. Under the law, all online dating services must register with the police, verify their customers ages with a drivers license or credit card, and delete or block content that appears to involve someone under 18; most services voluntarily monitor messages in real time to ensure compliance. Infrastructure was also severely damaged in 2011, when an earthquake and tsunami hit Japans east coast, triggering the destruction of a nuclear power plant in Fukushima. Changes to broadcasting laws in 1950 prohibited the government from direct interference with programmingthough its board of governors is still appointed by the prime minister and its budget approved by the Dietand permitted the establishment of private commercial broadcasting stations. The National Center for Global Health and Medicine (NCGHM) announced that it was the target of about 5.3 million ransomware attacks in 2020, compared to 1.2 million incidents in 2019, though they reported that sensitive research and personal information was not compromised during these attacks.12. Censorship has followed the free expression of men and women like a shadow throughout history. Amidst the Covid-19 pandemic and its toll on everyday life, the country has transitioned to new political leadership. During the previous coverage period, Ishikawa Yumi, the woman who launched the #KuToo campaign, reported facing online harassment over her work, frequently from men (see B8).6, Physical violence in relation to online activities is rare. A 2016 law outlined measures that authorities could take to educate the public about hate speech, while also combating such speech when directed against people of overseas origin and their descendants.4 Mosaics cover genitalia. In addition, individuals who knowingly receive secrets from an administrative organ risk up to five years imprisonment if the disclosures are found to be intentional, and one year for disclosures made through negligence.1 competitors and others criticized the acquisition, saying it was contrary to the intent of the 1999 NTT Law. It is unclear whether and to what extent domestic users have been caught up in the program. I know they sold 2 different versions of RE games at least, a more censored version and a less censored version for adults. (Kotaku also says that Japanese porn is painstakingly censored by hand, earning the highly skilled laborers $15 per hour.) and Japan Airlines changed its dress code, allowing female flight attendants to wear pants and flat shoes.6, Four civil society organizations, J-ALL, Athlete Ally, All Out, and Human Rights Watch jointly called for online signatures for a petition calling for the government to adopt legislation that protects members of the LGBT+ community from discrimination; the petition, which was submitted to the LDP in March 2021, had over 40,000 signatures from Japanese individuals.7 Are there laws that assign criminal penalties or civil liability for online activities, particularly those that are protected under international human rights standards? The book also examines the conflict between the obscenity law, introduced in Meiji times when Japan was importing Western models, and the freedom of speech law, which was put in place by the US occupation administration after World War II. Mosaic destruction. Voters found to have improperly solicited support for a candidate via email could be fined 500,000 ($4,534) or imprisoned for two years.10, Article 175 of the penal code bans the sale or distribution of obscene material, and while the relevant provisions date back more than century, they are considered to apply online.11 At the end of the coverage period, the government had not taken steps to restrict use of the platform. Mobile service operators are expanding the market for handsets designed for children and the elderly, with easy-to-use, large button designs. In 2016, major Japanese news outlets reported that government officials pressured TEPCO not to use the term meltdown at a news conference shortly after the 2011 Fukushima Daiichi nuclear plant accident.5 Art censorship in Hong Kong is "very much real," an expert said after the city's much-anticipated art gallery opened recently without showcasing some expected artworks by a Chinese dissident. Experts are concerned that the new policies to streamline data handling between the local and central governments will dilute personal information protections previously established by local governments and may enable increased government surveillance.11 The information collected is reportedly stored for around two months, during which it is analyzed to determine if it is of interest to the DFS. The Emperor shall be the symbol of the State and of the unity of the People, deriving his position from the will of the people with whom resides sovereign power. The law is scheduled to take effect by the end of 2022. Japanese courts continue to uphold strict criteria for delisting search results on major platforms. This code sets the age of consent for sexual activity at 13 for girls and 14 for boys, and it has remained unchanged since then. The brothers father is from West Africa. Internet censorship is the suppression of information online or access to the internet by a regulatory body. In other words, even after the new law goes into effect, a . In February 2019, the NICT, under the MIC, launched the NOTICE program,4 In addition, some online news outlets struggle to sustain themselves financially. We're doing our best to get things working smoothly! Government statistics show that the average cost of internet access for households with two or more people across Japan in 2020 was 3,601 ($34.59) compared with 3,753 ($36.05) in 2017.2 Update: February 8, 2022 A ccess Now and civil society organizations from across the globe are calling on the international community and technology companies to stand with the people of Myanmar and resist the coup both physical and digital. Japanese individuals, particularly women, have used the internet to protest against gender-based discrimination and effect tangible change. Article 2. A 2012 legal revision targeting copyright violators applies to any internet users who download content they know has been illegally copied, as opposed to just those engaged in piracy for commercial gain.3 The Agency for Cultural Affairs has jurisdiction over copyright law and provides guidance and supervision to copyright management organizations, including JASRAC. 2. However, several cases of online harassment were documented during the coverage period. The Inclusive Internet Index 2021 report ranks Japan 17th out of 120 countries surveyed in terms of availability, determined by quality and breadth of available infrastructure.1 During Diet sessions, when questions were raised as to whether the Ministry of Defense and the Cabinet Intelligence and Research Office were intercepting phone calls and e-mails, the government declined to answer.12. Share Share. It can be done by various methods and for a range of justifications. (Feb. 22, 2021) On December 30, 2020, Russian Federation President Vladimir Putin signedFederal Law No. That same month, the ministry disclosed that Kobe Steel, NEC, and aerial surveying company Pasco were also targeted by cyberattacks between 2016 and 2018.9, Public attention to cybersecurity threats has increased since mid-2015, when 1.25 million citizens were affected by the release of personal information obtained by hackers who illegally accessed Japans pension system using an email virus.10, In 2020, as Japanese companies shifted to telework during the pandemic, the number of ransomware attacks surged to unprecedented levels, shutting down operations and paralyzing computer and email systems. According to a summary by the Ministry of Internal Affairs and Communications (MIC), since 2014, there have been fewer severe outages - specifically three to eight per year- compared to the previous decade.8 Arbitrariness And Censorship Are Back In The West Written by Thierry MEYSSAN on 02/01/2021 When we founded the Voltaire Network in 1994, our first concern was to defend freedom of expression in France, and then around the world. Do restrictions on the internet and digital content lack transparency, proportionality to the stated aims, or an independent appeals process? In March 2019, the Yokohama District Court acquitted one defendant, ruling that the cryptocurrency mining program did not constitute a virus.6 Some companies cooperate with investigative authorities by turning over their users' data without receiving a court order. Genshin Impact quietly announced a somewhat odd change right before patch 2.4 launched this week. Although that years guidelines from the Ministry of Internal Affairs and Communications (MIC) garnered criticism, they helped address concerns that the cost of switching providers favored dominant players and created a barrier for new market entrants.8 In May 2021, the Diet enacted the Digital Reform Bill, which streamlines how officials in Japan handle and share data and revises how personal data is protected under the law. Once the SIA receives a report, it will either file a police report or make a request for removal to the relevant domestic or overseas provider.18.