On Monday June 13, the Japanese Parliament adopted a law making “online insults” punishable by imprisonment. A decision that follows the suicide of a Japanese influencer, victim of abuse on social networks.
Japan introduces law to fight online slurs
From this summer and under the amendment to the country’s penal code, those found guilty of online insults will be liable of a prison sentence up to one year or a fine of 300,000 yen (about 2000 euros). A significant change from the existing penalties, namely a maximum detention period of 30 days and a fine of 70 euros. However, this bill has caused some controversy in the country, opponents believe that it could hamper freedom of expression and criticism of those in power.
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However, its proponents say tougher legislation is needed to tackle cyberbullying. It was adopted only after the addition of a provision ordering the review of the law three years after its entry into force in order to measure its impact on freedom of expression. If we refer to the Japanese penal code, insults are defined as “publicly demeaning a person’s social status without reference to specific facts about them or a specific action”.
The death of Hana Kimura: the trigger
According to a spokesperson for the Department of Justice, this offense is different from defamation, defined as the act of publicly demeaning a person by stating specific facts. Yet both are punishable by law. For Seiho Cho, a criminal lawyer based in Japan, the law is not precise enough on the definition of “online insults”. He says there is a need for a guideline that distinguishes between what constitutes an insult and what does not. According to him, the regulations must, for example, define prohibited terms.
The death of Hana Kimura, a Japanese influencer, has caused a lot of importance to be taken on this subject. At 22, this young woman was known for her role in the Netflix series “Terrace House”. She committed suicide in 2020. The news caused shock and great sadness across the country, with many talking about the insults she received online from people on social media in the months leading up to his death. Shortly after his death, senior Japanese officials spoke of the danger of cyberbullying and pledged to expedite government discussions on legislation on the matter.