The law was passed in June 2020 and took effect in January 2021.7, A 2013 revision of the Public Offices Election Act lifted long-standing restrictions on the use of the internet for election campaigns. Do national regulatory bodies that oversee service providers and digital technology fail to operate in a free, fair, and independent manner? Japans antistalking law, originally enacted in 2000, was revised in 2013 to address email harassment, and further revised in 2016 to penalize repeated blog posts or messages on social networking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. However, there is some criticism that the ongoing price war has prevented smaller companies from entering the market.4 To help limit its effectiveness, two local dailies instituted fact-checking processes. The panel allegedly suspended its efforts to draft the legislation in October 2018 after failing to reach consensus on whether the blocking would violate the constitutional right to secrecy of communications.5, ISPs voluntarily filter child sexual abuse images, and many offer parents the option to filter certain other content to protect young internet users.6 Under voluntary guidelines drafted by four ISPs in 2005, service providers automatically inform police of internet users identified on websites that endorse suicide, and comply with law enforcement requests for information related to acts of self-harm.13 : spring pictures) that are banned in present-day Japan and were printed and published in the USA. Are online sources of information controlled or manipulated by the government or other powerful actors to advance a particular political interest? Ensafi's team found that censorship is increasing in 103 of the countries studied, including unexpected places like Norway, Japan, Italy, India, Israel and Polandcountries which the paper notes are rated as some of the freest in the world by advocacy group Freedom House. 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. In one significant instance, government officials and the Tokyo Electric Power Company (TEPCO) withheld data about pollution after the 2011 Fukushima nuclear disaster. The Tokyo-based Safer Internet Association (SIA) reported that it was asked to manage over 7,276 cases of nonconsensual sharing of intimate images in 2019 and secured the deletion of the content in 6,771 (93 percent) of those cases.2, Previously, inflammatory, nationalist speech targeting Japanese residents of Korean origin and other minority groups was also subject to removal. Shortly after NTT announced that it would comply with the governments request, a customer sued the company on the grounds that the blocking violated privacy guarantees.3, In the wake of the blocking attempts, the government indicated that it would introduce new legislation to expand its authority to formally order blocking, which current legislation allows only for sites found to host child sexual abuse images.4 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. In June 2020, the Tokyo High Court reversed a lower court ruling that Twitter must remove posts which detailed the plaintiffs arrest records (see B3). In March 2020, Japanese central bank Sumitomo Mitsui abolished the official dress code,5 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 Do state or nonstate actors employ legal, administrative, or other means to force publishers, content hosts, or digital platforms to delete content, particularly material that is protected by international human rights standards? Edit: is it true CERO does not need to look at PC games? Analysis of about half a million sample tweets posted before and after Japan's 2014 general election revealed that most posts were near-duplicates or retweets of those posted by bots, including many that disseminated nationalist or progovernment messages.3 A number of initiatives sprang up in response to the 2011 Fukushima disaster. 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 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. Do the constitution or other laws fail to protect rights such as freedom of expression, access to information, and press freedom, including on the internet, and are they enforced by a judiciary that lacks independence? 2 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 While these provisions were contested, and revisions are still planned,9 Japan's laws on censorship have become a more frequent topic of discussion among anime fans in the past few months. Genshin Impact quietly announced a somewhat odd change right before patch 2.4 launched this week. he age of consent in Japan is 13 years old because it is based on the Napoleonic Code, which was introduced to Japan in the late 19th century. The J-NSC remained active during the coverage period.2. In 2007, the MIC ordered mobile service providers to install filtering software that would enable parents to control the content seen by their children. In April 2021, CrowdStrike, a US cybersecurity company, stated that the risk of cyberattacks at the event was low because of the restrictions on audience.3. In June 2008, the law was amended to prohibit the transfer of SIM cards without permission and to require rental companies to verify the identity of customers.1, There are no explicit restrictions on encryption. In June 2020, the founder of news site Independent Web Journal, Yasumi Iwakami, had his appeal dismissed regarding a fine he was required to pay for allegedly defaming former Osaka prefectural governor, Toru Hashimoto. During the current ordinary session of the Diet, the Japanese government plans to revise the Immigration Control and Refugee Recognition Act in order to prevent the long-term detention of foreign. 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. 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. Since today we are discussing censorship, I thought it would be appropriate to show two books of Japanese early nineteenth-century shunga (lit. 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 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. A number of laws regulate online activity, including by imposing civil and criminal liability. Security agents and the military were accused of conducting illegal surveillance in cases involving national security in 2003 and 2004.13 The laws authors struggled to balance restrictions on racial and ethnic slurs with freedom of expression guarantees in the constitution.5 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. Some self-regulatory bodies also manage content and other issues. In 2017, several municipalities asked for a clearer definition of hate speech under the law.7 The UNs special rapporteur for privacy noted ahead of the laws passage that in order to establish the existence and the extent of such a planning and preparatory actions, it is logical to assume that those charged would have had to be subjected to a considerable level of surveillance beforehand.7, Under a wiretap law enacted in 2000, law enforcement agents may seek a court order to conduct electronic surveillance in criminal investigations involving drugs, firearms, human trafficking, or organized murders, in an exception to articles of other laws that explicitly forbid wiretapping.8 Does monitoring and collection of user data by service providers and other technology companies infringe on users right to privacy? After a three-month delay in rollout due to the COVID-19 pandemic, Rakuten Mobile launched 5G services in September 2020.4 The future of an independent NHK is crucial given the increasing demand for impartial, objective and trusted sources of information. 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. Such posts have attacked critics of the LDP government and have at times initiated negative campaigns against opposition lawmakers.1 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 Many people lost service for days or weeks, and mobile phone usage dropped by almost half in the affected areas.10. Service providers protect themselves from civil liability by adhering to voluntary guidelines on takedown requests.8 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 Is access to the internet prohibitively expensive or beyond the reach of certain segments of the population for geographical, social, or other reasons? politicians who violate the existing restrictions face a potential fine of 300,000 ($2,720) or one year in prison; imprisonment would strip perpetrators of their right to vote or run for office. The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet. The Agency for Cultural Affairs has jurisdiction over copyright law and provides guidance and supervision to copyright management organizations, including JASRAC. creator Ken Akamatsu has decided to walk the walk and change Japanese censorship laws by running for office. Glad to see Japanese publishers standing up to Western companies. Individuals who are half-black and half-Japanese, continue to face racism online. Do conditions impede users ability to mobilize, form communities, and campaign, particularly on political and social issues? 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 Kisha clubs include reporters covering institutions such as government ministries or major corporations but are only open to traditional media companies.1 There are some reasons why it has been not modified since . Between July and December 2020, Facebook restricted access to one piece of content in response to an order from Brazils Supreme Court related to pages that supported Brazilian President Bolsanaro.5 In 2016, the law was expanded to include fraud, theft, and child sexual abuse images.9 However, a revised and newly enacted anti-piracy law criminalizes illegally downloading manga, magazines, and academic texts, but did not expand the governments ability to block websites (see C2).3. The future being, oh, around the year. At the same time, the actions depicted onscreen, and the wider themes of the story, are entirely free of any restrictions. However, in June 2018, Okamoto Kenichiro, known as Hagex online, was murdered in Fukuoka after presenting a seminar on best practices to deal with online disagreements and abuse, among other topics.7 The amendments are set to come into effect in 2022.1, In May 2021, the government launched an investigation into the data management polices of LINE, a messaging application with servers based in Japan, after a report revealed that Chinese engineers had accessed LINEs data without the companys knowledge. However, most online media remain small and community based.1 In April 2021, Reporters Without Borders also criticized the kisha club system in their annual World Press Freedom Index.4. Police can request these details, along with usage logs, if they detect illegal online activity. Increasingly, however, if we want to find direct government censorship of speech, we don't have to travel far. In 2017, the UNs special rapporteur for freedom of expression criticized the kisha club system.3 There is also a degree of self-censorship concerning human rights problems, in some cases linked to instances of apparent political pressure.2, Progovernment online commentators are prevalent across Japan. 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. 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 a 2008 report by the UN Human Rights Committee, they expressed concern about discrimination against LGBT people in several areas, including housing. 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. Individuals can be sentenced to up to three years in prison or fines of up to 500,000 ($4,534). Mori resigned a week after the petition was created (see B8). Following her death, the Minister of Internal Affairs and Communications announced her intention to amend the Provider Liability Limitation Law (see C4).5 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. The NTT group remains dominant in practice, though hundreds of other providers offer services including fiber-optic connections and fixed-line or wireless broadband access.1 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 Do infrastructural limitations restrict access to the internet or the speed and quality of internet connections? Heightened awareness of nonconsensual sharing of intimate images and online harassment culminated in the adoption of a law criminalizing such activity in 2014. Independent online media and citizen media outlets have faced obstacles in their work, particularly due to the prevalence of the kisha club, or formal press association, system. Iwakami was sentenced to pay 330,000 ($2,992) in September 2019 after he retweeted a post from 2017 that suggested Hashimoto was responsible for the suicide of one of his subordinates.3, Several users have been arrested and charged under a 2011 law criminalizing the creation and use of computer viruses without a legitimate reason (see C2). 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. The law gives a range of officials the discretion to indefinitely restrict public information pertaining to national security.2 COVID-19 patients and individuals who allegedly tested positive for the virus also faced harassment on social media.2. In March 2020, the government approved a revision of the Copyright Act, criminalizing the downloading of unlicensed manga, magazines, and academic publications with a prison term of up to two years, a fine of 2 million ($18,000), or both. Facebook reported 66 government requests involving 82 accounts between July and December 2020. In January 2021, the revised Copyright Act, which criminalizes the downloading of unlicensed manga, magazines, and academic publications, took effect. Twitter complied with 29.4 percent of the requests.7. In one significant cyberattack against civil society organizations, at least 33 antinuclear citizens groups were targeted in 2013.5 In May 2019, it was revealed that the national government and Fukushima Prefecture paid over 24 billion ($217 million) to an advertising agency to manage public relations, including in online outlets, after the disaster.6. 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. Are individuals subject to extralegal intimidation or physical violence by state authorities or any other actor in relation to their online activities? What kind of destruction? A coalition of groups, including the Japan Internet Providers Association and the Movement of Internet Active Users, an organization that advocates for users rights, lobbied against the mandate, and mobile users can now select voluntary filters.9, Right to be forgotten cases increased around the same time as a landmark 2014 decision on the topic by the Court of Justice of the European Union. 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. Internet caf users are required to produce formal identification documents such as a drivers license, and to register their name and address. Some municipal governments have also introduced local ordinances on hate speech, including the government of Osaka in 2016. 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. the use of Googles Person Finder web application to facilitate rescue and recovery,2 The new Hong Kong national security law, the basis for Britain's admonition to Browder, provides for the indictment of anyone, anywhere, for speech seen as inimical to Chinese security interests. The brothers father is from West Africa. 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. In 2002, industry associations produced guidelines designed to protect ISPs from legal liability within the jurisdiction of the Japanese courts. A law enacted in 2003 and revised in 2008 prohibits electronic communications encouraging sexual activity with minors.14 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 In 2021, authorities fined Facebook, Twitter, Telegram, Google, TikTok, and other internet companies a total of at least 187 million RUB (US$2.5 million) over failures to take down supposedly. In December 2019, Kawasaki City created the first nondiscrimination ordinance that includes criminal penalties for hate speech in public spaces. The 2001 Provider Liability Limitation Act directed ISPs to establish a self-regulatory framework to govern takedown requests involving illegal or objectionable content, defamation, privacy violations, and copyright infringement.9 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. With the space for such advocacy under threat in many . The telecommunications, internet, and broadcast sectors are regulated by the Ministry of Internal Affairs and Communications (MIC) rather than an independent commission. Do online journalists, commentators, and ordinary users practice self-censorship? Digital activism in Japan has been highly effective at both the local and the national level, and online mobilization tools are freely available. Amidst the Covid-19 pandemic and its toll on everyday life, the country has transitioned to new political leadership. In this case, a man asked Google to remove search results documenting a crime he committed over five years earlier.11 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. 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 In February 2020, the Defense Ministry reported that some sensitive information may have been leaked as the result of the Mitsubishi breach.8 Are there legal, regulatory, or economic obstacles that restrict the diversity of service providers? You will go to prison. Facebook has suppressed content posted by Palestinians and their supporters speaking out about human rights issues in Israel and Palestine. However, in October of 2012, the Japanese government stated that Article 23(1) was abolished and, therefore, same-sex . Donald Trump's claim that his anti-BDS order "targets antisemitism" was presented as fact in the New York Times headline ( 12/10/19 . 10 Shocking Examples Of Censorship Groups Or Laws by Michael Van Duisen fact checked by Jamie Frater Censorship is the suppression of communication usually deemed harmful by the ruling government. In May 2021, Aren Hachimura, the younger brother of NBA basketball player Rui Hachimura, received racist messages over SNS. There is full competition in the ownership of gateways to the international internet.1 The MIC requested that four industry associations monitor false or unsubstantiated content circulating about the disaster online. The assassination of former Japanese Prime Minister Shinzo Abe has shocked Japan, a country with one of the world's lowest rates of gun crime due to its strict laws on gun ownership. 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 Authorities have used the law to convict the operators of manga piracy site Mangamura (see C2 and C3). Though exceptional, such incidents still exert a chilling effect on Japanese online expression. If a device is successfully hacked, its owner will be advised to strengthen security measures, for instance by making their passwords more complex. Share Share. 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. Taniwaki, who had been instrumental in the governments policies on mobile phone prices, was quickly transferred to another position.7, In March 2021, the Cabinet approved Shunichi Tokura, the former chairman of the Japan Music Rights Association (JASRAC), as Commissioner for Cultural Affairs. Article 21 of Japans constitution prohibits censorship and protects freedom of speech, press, and all other forms of expression, as well as the secrecy of any means of communication.1 Censorship by the government is unconstitutional. Critics say the law does not prevent the systematic storage of intercepted communications or protect innocent parties.10 Sagamihara City is also planning to enact a criminal ordinance that would target hate speech against members of specific ethnic or racial groups in 2021.18 In April 2019, the Macnica Networks Corporation, an information-technology trading firm, stated that groups reportedly connected to China were suspected of targeting private companies; it cited alleged efforts by Chinese cyberespionage group APT10 to hack Japanese defense companies in 2018.6, In January 2020, the Mitsubishi Electric Corporation disclosed that that it experienced massive cyberattacks in June 2019. 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. Messaging apps, such as WhatsApp and Viber, are often. There are concerns that disclosure requests will be misused as a means to suppress the transmission of information.4. 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 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 Created ( see B8 ) still exert a chilling effect on Japanese online expression, industry associations guidelines... Japanese early nineteenth-century shunga ( lit both the local and the national level, and campaign particularly... Toll on everyday life, the Japanese government stated that Article 23 ( )... 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