Japan's New Cyberbullying Law: A Path to Justice or Suppression of Free Speech?

The suicide of 22-year-old Hana Kimura, professional wrestler and reality TV star, in 2020, was a watershed moment. Before killing herself, Kimura posted a message on Twitter which read, "I don't want to be a human anymore. It was a life I wanted to be loved. Thank you everyone, I love you. Bye." She had been the target of a wave of cyberbullying, purportedly in response to her on-screen conflict with another cast member of the TV show "Terrace House." On the reality show, twelve young men and women move into shared luxury condominium, and their relationships, hookups, and romances are recorded, edited, and shared with the world, in a very common reality TV format. In one episode which generated the strongest backlash, Kimura reacted strongly to one of her roommates doing laundry and including one of her wrestling outfits in the wash. The costume, which was custom-made and not suitable for machine washing, was destroyed. While we don't know exactly how much the outfit cost, similar outfits can cost thousands of dollars.

One of Japan's tabloids, Bunshun Online, published a series of LINE messages which seemed to show that the scene was staged by producers (This has been contested by Fuji TV, the network which produced the show for Netflix). In the process of "blowing up," Kimura slapped the offending roommate. Some former show participants also disagreed with the statement that the action was staged. Part of the appeal of the show was that a panel of comedians watched the show and their "hot takes" were also included in the final program.

The reaction online was swift and merciless. One man posting anonymously left comments for Kimura, with statements like "Is there any value to your life?" and "Hey, when are you going to die?" among the 300 hateful comments he posted. The man was tracked down and charged with public insult. He said that he wanted to get back at Kimura for acting violently towards a male. Kimura's mixed parentage (Japanese and Indonesian) was also the target of hateful comments, and she was singled out for her naturally darker skin tone. The man was found guilty and fined 9000 yen (at the time worth about $81.)

The legislative response, passed this month, raises the penalties to a prison sentence of up to one year, and a fine of 300,000 yen (currently about $2,250). This is certainly an increase from before, but we need to ask, 1) is it enough or too much? 2) how does this fit into other Japanese slander/libel laws and 3) is it effective in reducing cyberbullying?

Questions one and two must be addressed together. The Japanese post-War Constitution, essentially written by a committee working for Douglas MacArthur, leaned heavily on the US Constitution as its model. As a result, the guarantees of free speech in Japan are seem quite strong. However the interpretation of the laws always occurs inside a cultural framework. In the US, defamation is focused on the damage caused to the victim, but also on the veracity of the statements. Also in the US, the status of the individual, whether a private individual or a public figure, comes into play. For example, making a negative assessment of a Kardashian in public in the US is not usually slander or libel, because the Kardashians are public figures. In Japan, however, the truth of the statements and the status of victim are less important. There have been documented cases where truthful things have been reported about public figures in Japan, and even though the object of the statement was a public figure and the things stated were proven in court to be true, the victim has still received a judgement because those items were not proven to be "in the public interest." I would cite examples, but as that might make me liable under Japanese law, you'll need to do your own research on this.

Japanese publications can also be prevented from publishing something on the basis that it may be defamatory. In the US, generally legal remedy can only be sought after a defamatory statement has been made.

It is a difficult legal minefield to navigate. Only a truly perverse person would favor the kind of abuse people like Ms. Kimura had to endure. These kinds of statements are truly repellent, and Japanese social media had a comparatively slower start to implementing tools to report such abuse.

The final question - does anti-cyberbullying legislation work?- is even more difficult to answer. For all of its image as a technological wonderland, Japanese legislators have earned a reputation as being slow to understand technology shifts. In 2018, newly minted Cybersecurity Minister Yoshitaka Sakurada said, "Since I was 25 years old and independent I have instructed my staff and secretaries. I have never used a computer in my life."

Japan's anti-cyberbullying legislation is too recent to tell if it will have a positive effect on the problem. Research from other locations indicate that there is some reduction which occurs, but it is unclear if the legislation produced positive results through enforcement or because it encourages victims and witnesses to come forward more. It is also difficult to project how this will work in the Japanese context. Some studies indicate decreases in cyberbullying around 20% but others indicate some programs actually increase bullying. It is also important to remember unintended consequences. For example, yakuza used human rights legislation to fight efforts to arrest them and criminalize their activities. And of course, there are always cases where the law is applied against someone who was not the original target of the legislation. Japan needs free and open speech, and there are already enough cultural constraints on individuals expressing themselves freely. Fear of prosecution could exacerbate the problem.

Hopefully this will make the Japanese public realize that cyberbullying is real, and that it should not be ignored. In a 2018 IPSOS poll of parents which asked if their children had ever been the victims of cyberbullying, only 5% of Japanese parents answered "Yes." This ranked 27th out of 28 countries where the survey was conducted. This is where the change needs to occur. Perhaps this legislation will be the spark that spurs public acknowledgement. Only time will tell.

If you are experiencing thoughts of self harm or suicide, help is available. In Japan, you can contact any of the following. If you do not live in Japan, please contact the appropriate helpline near you:

Befrienders International, Tokyo

Tokyo

Contact by:?Face to Face??- Phone??- Letter:?

Hotline:?+81 (0) 3 5286 9090

Website:?www1.odn.ne.jp/~ceq16010

Hours:

????Mon, Tues, Wed, Thurs, Fri, Sat, Sun:?20:00 - 06:00

BI Suicide Prevention Centre, Osaka

OSAKA

Contact by:?Face to Face??- Phone??- Letter:?

Hotline:?+81 (0) 6 4395 4343

Website:?spc-osaka.org

Hours:

????Mon, Tues, Wed, Thurs, Fri, Sat, Sun:?00:00 - 23:00

Tokyo English Lifeline

5-4 22 rm 302, Minami Aoyama

Minao Ku

107-0062

TOKYO

Contact by:?Face to Face??- Phone?

Hotline:?Counselling: 03 5774 0992

Hotline:?Face to Face: 03 3498 0231

Website:?telljp.com

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