japanese censorship laws change 2021
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 Are individuals penalized for online activities, particularly those that are protected under international human rights standards? Censorship of pornography in Japan, be it animated, photographed or filmed, has always been superficial, focusing on blocking out or blurring the sex organs. The China . March 23, 2021, 2:30 PM Japan granted asylum to less than 1 percent of refugees and asylum-seekers who applied in 2019, despite having the third-largest economy in the world. 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 Washington, DC 20036, Scores are based on a scale of 0 (least free) to 100 (most free). The changes allowed the NICT and the MIC to carry out the NOTICE program, authorizing them to attempt to access domestic internet-enabled devices for up to five years in an effort to strengthen cybersecurity (see C8).4 Masayuki Nakamoto, 43, was said to have made about 11 million yen ($96,000) from peddling over 10,000 processed porn clips, and was formally accused of selling ten hardcore photos for 2,300 yen ($20). 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 However, some digital activities require separate registration. Are online sources of information controlled or manipulated by the government or other powerful actors to advance a particular political interest? 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. You can try refreshing the page, and if you're still having problems, just try again later. Do national regulatory bodies that oversee service providers and digital technology fail to operate in a free, fair, and independent manner? In February 2021, weekly news magazine Shukan Bunshun reported that NTT's president and other executives had repeatedly treated officials from the Ministry of Internal Affairs and Communications, including Deputy Director General Yasuhiko Taniwaki, to lavish dinners.6 However, the LDP ultimately decided not to submit a bill on LGBT+ equality due to strong opposition by some conservative lawmakers.8, In early 2019, users rallied behind a Tokyo Shimbun reporter who was targeted by the government. Japan is primarily a civil law country, and the United States is primarily a common law country. Some of those arrested were fined 100,000 ($906).5 See all data, scores & information on this country or territory. Mosaic destruction. In January 2021, the three major mobile phone companies launched new low-cost plans, after decades of pressure from the ruling Liberal Democratic Party.3 The ruling Liberal Democratic Party (LDP) has governed almost continuously since 1955, with stints in opposition from 1993 to 1994 and 2009 to 2012. Abe was . For example, the Jiminto (LDP) Net Supporters Club (J-NSC), organized in 2010, had about 19,000 members as of 2017. In the future, says one pundit, that will change. The MIC requested that four industry associations monitor false or unsubstantiated content circulating about the disaster online. No third party can do so. NTT, formerly a state monopoly, was privatized in 1985 and reorganized in 1999 under a law promoting functional separation between the companys mobile, fixed-line telephone, and internet services.5 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. Do infrastructural limitations restrict access to the internet or the speed and quality of internet connections? The law is scheduled to take effect by the end of 2022. In 2017, the Japanese Supreme Court ruled in favor of Google and established criteria for delisting search results that same year.10 alerts & publications Amended Japan Privacy Law Will Come into Effect in April 2022 November 16, 2021 Tokyo was O'Melveny's first international expansion destination, and we have offered robust Japan related Corporate and Dispute Resolution services for our clients for more than 30 years. The city has considered measures to deal with online hate speech, but did not implement a specific ordinance to address this activity. We're doing our best to get things working smoothly! 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. Censorship can be a constant factor, or it can be enacted during emergencies (or particular . Cybersecurity efforts ramped up ahead of the summer Olympics, which were originally planned for 2020, particularly around internet of things (IoT) devices.1, In October 2020, the UK National Cyber Security Centre revealed that Russian military intelligence was planning a cyberattack on the Tokyo Olympics and Paralympics in the summer of 2021 in an attempt to disrupt the event.2 Are individuals subject to extralegal intimidation or physical violence by state authorities or any other actor in relation to their online activities? 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. Historically, Japans internet connections were forged through cooperation among government agencies (including then government-owned NTT), universities, and national research institutions.2. As of 2021, the internet penetration rate for households stood at 93 percent.2, Providers continue to develop telecommunications infrastructure, in part to alleviate mobile network congestion. In 2002, industry associations produced guidelines designed to protect ISPs from legal liability within the jurisdiction of the Japanese courts. In November 2020, Capcom, a prominent video game company, reported that it paid a 1.1 billion ($9.9 million) ransom in exchange for the recovery of stolen materials.11 There are some reasons why it has been not modified since . Scientifically speaking, it depends on how the original censorship mosaic . Implementation guidelines for the law described four main fields of state secretsdefense, diplomacy, counterintelligence, and counterterrorismwhich are further divided into 55 categories.2, Other laws prescribe potentially disproportionate penalties for online activity. In 2016, Makoto Sakurai, a personality known for anti-Korean rhetoric, opened a channel on online television station AbemaTV; a rush of online criticism followed, and the channel was deleted.4, Social media platforms occasionally restrict content at the governments request. In June 2018, the government convened a panel to review potential legislation targeting websites that host pirated content. While cyberattacks against journalists and activists are rare, private companies have been targeted in previous coverage periods. The government has also invested heavily in Wi-Fi networks in preparation for the 2020 Summer Olympics, which were postponed and held in August 2021.5 The man originally argued that he was defamed by false information.15, The Internet Hotline Center (IHC), operated through the SIA as part of a contract with the National Police Agency (NPA), cooperates with ISPs to solicit reports of illegal or harmful content from the public.16 Some Japanese security agencies may have equipment enabling the blanket collection and monitoring of communications data, though it is unclear how such technology has been used, what laws govern its employment, and what, if any, safeguards there are. Nippon Telegraph and Telephone (NTT) Docomo, KDDI, and SoftBank all launched commercial fifth-generation (5G) services in March 2020.3 At the same time, the actions depicted onscreen, and the wider themes of the story, are entirely free of any restrictions. Such posts have attacked critics of the LDP government and have at times initiated negative campaigns against opposition lawmakers.1 In February 2019, civil society groups and ordinary users issued a joint statement asking the MIC to suspend the program,5 Authorities have used the law to convict the operators of manga piracy site Mangamura (see C2 and C3). The company said it complies with requests that are based on a warrant, an investigation-related inquiry, or an emergency order under the Japanese penal code and criminal procedure code.15 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 . In May 2018, public broadcaster NHK and the Intercept reported on the activities of the Directorate for Signals Intelligence (DFS), a spy agency that monitors and analyzes electronic communications.15 although the program continued. Japan has three major mobile operatorsau, a KDDI brand; NTT Docomo; and SoftBank. On February 2, 2021, the Indonesian Government enacted the implementing regulation of the Omnibus Law (Law No.11 of 2020 on Job Creation) regarding the environmental sector, Government Regulation No. Do conditions impede users ability to mobilize, form communities, and campaign, particularly on political and social issues? Observers have accused MIC officials and the prime minister's office of trying to restrict or influence content under the broadcast law.3, There are substantial concerns that MIC officials are increasingly influenced by business executives who use gifts to garner favor for their policies from government officials. Those who violate the revised law face up to two years imprisonment, a 2 million ($18,138) fine, or both. On February 19, 2021, the Justice Ministry announced that 20,120 mobile phone calls were tapped in 20 cases during 2020, leading to 152 arrests. In June 2021, after the coverage period, the Fukuoka District Court sentenced Romi Hoshino to three years in prison and a fine of 10 million ($90,692) for allegedly operating the manga piracy website, Mangamura (see B1). Specifically, the government will consolidate personal information among local government and central government servers, and will link personal data to individuals unique 12-digit numbers.9, During the drafting process, it became clear that the government's priority was to effectively manage internet users information rather than to protect personal data.10 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 Overseen by government officials rather than an independent body, it offers no protection for whistleblowers who reveal wrongdoing.3. 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. Musician Takemura Kiriko authored a Twitter post in favor of the campaign that month, but deleted it after some social media users left negative comments. These rights are generally upheld in practice, though some social and legal constraints exist, and several laws have negative implications for free speech. In Japan it is now against the law to be mean on the internet. A number of initiatives sprang up in response to the 2011 Fukushima disaster. There are still limits on paid online advertising and campaign emails, which can only be sent directly by a party or candidatenot a supporterin a measure designed to prevent fraud.8 Japanese and American Legal Systems. (Feb. 22, 2021) On December 30, 2020, Russian Federation President Vladimir Putin signedFederal Law No. Facebook reported 66 government requests involving 82 accounts between July and December 2020. Do restrictions on the internet and digital content lack transparency, proportionality to the stated aims, or an independent appeals process? In June 2020, the Tokyo High Court reversed a Tokyo District Court ruling that Twitter remove posts which detailed the plaintiffs arrest records.14, Courts have also ordered content to be removed in defamation cases, although there were no such rulings during the coverage period. An earlier Intercept report from 2017 analyzed leaked documents that suggested Japanese police and intelligence agencies were involved in in regional surveillance operations managed by the US National Security Agency (NSA). There are some known cases of the government or powerful groups proactively manipulating online news or other content. 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 . The report notes that the NSA provided XKEYSCORE, a surveillance tool that can search through a range of content and metadata online, to the DFS.17. 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 Access to the internet remains relatively equal across different segments of the population. Sharp regional cost disparities exist; service was more expensive in Japans major cities in 2020, with customers paying an average of 3,835 ($36.89) per month. In 2002, industry associations produced guidelines designed to protect ISPs from legal liability within the jurisdiction of the Japanese courts. Some companies offer free Wi-Fi, including the private company Wire and Wireless (Wi2), part of the KDDI group, which provides free internet access in restaurants, coffee shops, and train stations; registration requires an email address.6 In November 2018, the amended Telecommunications Business Act and the Act on the National Institute of Information and Communications Technology (NICT) came into effect.3 Digital activism in Japan has been highly effective at both the local and the national level, and online mobilization tools are freely available. Individuals who are half-black and half-Japanese, continue to face racism online. The law gives a range of officials the discretion to indefinitely restrict public information pertaining to national security.2 Since the laws introduction, many cities have subsequently moved to legislate against hate speech (see C2). 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 Some observers said this was an attempt to control public discourse, though deletions were not widespread. They include televisions Broadcasting Ethics and Program Improvement Organization and the Internet Content Safety Association, which manages the blocking of child sexual abuse images online.2 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 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 Explicit images of genitalia are forbidden in Japan . Authorities typically do not order service providers to block or filter content in Japan. The 2014 state secrets law, which covers national security issues, may make surveillance abuses harder to document (see C1 and C2). Censorship in Japan has taken many forms throughout the history of the country. A Change.org petition calling for Mori's resignation garnered more than 145,000 signatures in one week. 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. You will go to prison. Customers in small cities, towns, and villages paid an average monthly price of nearly 3,024 ($29.04). COVID-19 patients and individuals who allegedly tested positive for the virus also faced harassment on social media.2. 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. Increasingly, however, if we want to find direct government censorship of speech, we don't have to travel far. Individuals who have criticized the ruling LDP and the government have also faced targeted harassment. Kisha clubs and an advertising market that favors established players may be preventing digital media from gaining a stronger foothold in the market. Amidst the Covid-19 pandemic and its toll on everyday life, the country has transitioned to new political leadership. Japan is a multiparty parliamentary democracy. 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. 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. In 2016, the law was expanded to include fraud, theft, and child sexual abuse images.9 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 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. Some municipal governments have also introduced local ordinances on hate speech, including the government of Osaka in 2016. No citizens faced politically motivated arrest or prosecution for their online activity during the coverage period. In June 2020, Japan passed amendments to the Act on the Protection of Personal Information. Some private companies occasionally accept the governments requests to remove content. Chinese groups BlackTech and Tick were reportedly behind the breaches.7 However, harassment and intimidation, particularly against women and individuals with at least one Black parent, persist. Courts have continued to consider lawsuits from individuals requesting that search engines delink inaccurate or irrelevant material about them from public results, but the Supreme Court has laid down important guidance that set limits on such right to be forgotten removals.1 The court stated that removal of information can be demanded only when privacy protection concerns clearly outweigh the publics interest in the disclosure of information online.12 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. No ordinance was proposed or passed at the end of the coverage period. 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. 2. Mobile service operators are expanding the market for handsets designed for children and the elderly, with easy-to-use, large button designs. Published Dec 29, 2021 Negima!? LINE reported that 80 percent of the global law enforcement requests for user data that it received between July and December 2020 came from Japanese entities. Individuals can generally use the internet anonymously in Japan. The laws authors struggled to balance restrictions on racial and ethnic slurs with freedom of expression guarantees in the constitution.5 The original case was brought after a 2010 leak of police documents revealed that Muslims were subject to widespread monitoring for possible terrorist activity. Blogs have a significant impact on public opinion, and several independent journalists are becoming influential through personal or commercial websites and social media accounts. While both uploading and downloading pirated material was already illegal under the copyright law, with uploaders subject to 10 years imprisonment or fines of up to 10 million ($90,692), the version in effect since 2012 added two years in jail or fines of up to 2 million ($18,138) for downloading a single pirated file.4, In response to the attempted blocking of manga piracy sites in early 2018 (see B1), the Cultural Council of the Cultural Affairs Agency discussed amending the copyright law to expand the types of content that would be illegal to download or reproduce beyond pirated music and videos, to include material such as social media posts showing animated characters or personal blogs with icons containing copyrighted images.5 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 Asymmetric regulation, which creates stricter rules for providers with a higher market share, has helped diversify the industry.6, Beginning in 2014, the government required mobile service providers to unlock SIM cards at user request; this has made it easier for users to switch providers and use third-party prepaid SIM cards.7 In response, hashtags such as Tokyo Shimbun reporter restricted from asking questions, toward a country where we can freely ask questions, and we have the right to know trended on Twitter.9 The book concludes by assessing the current state of censorship in Japan and likely future developments. This year, China's National Film Board tightened regulations on foreign films requiring that they now undergo a second round of reviews by the Chinese Communist Party. Are there economic or regulatory constraints that negatively affect users ability to publish content online? The server is misbehaving. The court has up to six months to decide whether to order a content provider to disclose the senders information, and can also order access providers to retain senders information during the proceedings. Under the amended law, overseas companies are also obligated to notify the government of data breaches that involve sensitive information, cause financial injury, or affect more than 1,000 users. In 2021, Japan faces some of the biggest social, political, and economic changes of a lifetime. YouTube, Twitter, Facebook, and international blog-hosting services are freely available, as are popular local platforms like Niconico, the video-sharing site, and LINE, a chat application that was launched in Japan in 2011. Today, however, this concept is, in our view, distorted and fought against. However, in October of 2012, the Japanese government stated that Article 23(1) was abolished and, therefore, same-sex . However, several cases of online harassment were documented during the coverage period. 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. There is full competition in the ownership of gateways to the international internet.1 There are concerns that disclosure requests will be misused as a means to suppress the transmission of information.4. Censorship by the government is unconstitutional. Kisha clubs include reporters covering institutions such as government ministries or major corporations but are only open to traditional media companies.1 Ahead of the Okinawa gubernatorial election in September 2018, misinformation again spread online.4 Finally, the amendments established the Personal Information Protection Commission (PIPC) as an independent authority under the Cabinet Office, replacing the Consumer Affairs Agency.8, Changes to the legal frameworks surrounding privacy and surveillance are often considered in the ongoing digitization of citizens personal records. Offenders can face prison sentences of up to three years or fines as large as 500,000 ($4,534), and third-party distribution can draw up to a years imprisonment and a fine of 300,000 ($2,720).14 In 2017, two people were sentenced to 18 months in prison, a three-year suspension, and a 500,000 ($4,534) fine for copyright-related offenses.2, Journalists who report on sensitive topics also face government and authorities pressure in the form of defamation lawsuits. Heightened awareness of nonconsensual sharing of intimate images and online harassment culminated in the adoption of a law criminalizing such activity in 2014. 482-FZ on Amendments to the Federal Law on Enforcement Actions Regarding Persons Involved in Violations of Fundamental Human Rights and Freedoms and the Rights and Freedoms of the Russian Federation Citizens. Just as in ancient Grecian communities, the Roman ideal of good governance included shaping the character of the people. In April 2021, a bill was unanimously passed and enacted in the Diet which amends the Provider Liability Limitation Act to make it easier to identify users who allegedly slander people on the internet. In April 2018, the government asked internet service providers (ISPs) to block manga piracy sites, including Mangamura, AniTube!, and MioMio, prompting a public debate that highlighted tensions between the protection of intellectual property on one hand and users rights to private communications and the constitutional ban on censorship on the other.2 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. While the government is relatively transparent in its censorship decisions, previous blocking and efforts to give authorities more censorship power have raised concerns. The IHCs website offers online forms for reporting objectionable content, such as material that features obscene images, child sexual abuse images, illegal drugs, or prostitution, as well as a referencing system that allows users to look up the status of submitted reports. However, most online media remain small and community based.1 Due to Tokuras previous position and his lobbying efforts on behalf of JASRAC, his appointment sparked concerns about his ability to balance protecting the rights of artists and creators while also ensuring the freedom of individuals who use copyrighted works.8. 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. and the online organization of large demonstrations and protests against nuclear energy. 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