Japan: Press freedom rankings fall as new law to remove defamatory online posts passed

The CIVICUS Monitor classifies the space for civil society action in Japan as “restricted”. While the space for free expression and peaceful assembly is relatively free, restrictions on press freedom, censorship and discrimination against the LGBTQI+ community have been documented. The government has also imposed stricter penalties for criminal defamation.

In recent months, Japan's press freedom ranking has dropped, while a revised law allowing for the speedy removal of defamatory online posts has been passed, there have also been anti-Palestine protests, an overhaul of immigration law and a rise in tuition fees.

Expression

Press freedom ranking drops

According to the international journalists' organization Reporters Without Borders (RSF), Japan has fallen two places in the 2024 world press freedom rankings, from 68th to 70th.

According to RSF, while media freedom and pluralism are generally respected, traditional and commercial interests, political pressure and gender inequality often prevent journalists from fully playing their role as watchdogs.

The system of Kisha Clubs (Reporters' Clubs), which grants only established news organizations access to press conferences and high-ranking officials, forces reporters to self-censor and represents blatant discrimination against freelancers and foreign reporters.

RSF said a vaguely worded 2021 decree, due to come into force in 2024, restricts public access, including journalists, to 583 areas near defense facilities and infrastructure deemed “of interest to national security,” such as nuclear power plants and military bases. Violations are punishable by up to two years in prison and/or a fine. The government also refuses to amend a law protecting designated secrets, which punishes the publication of “illegally” obtained information with up to 10 years in prison.

Revised law on rapid removal of defamatory online posts passed

On May 10, 2024, the Japanese parliament passed a law amendment that would allow for faster and more transparent removal of defamatory content on social media platforms such as Facebook and X.

The revised law on limiting liability for providers obliges the operators of such platforms, among other things, to set up contact points for accepting deletion requests and to disclose criteria for removing posts. It will come into force within a year. The law also obliges operators to inform users within a certain period of time whether posts will be deleted.

However, it is uncertain whether the law complies with international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) protecting freedom of expression and the Manila Principles on the liability of intermediaries, which state that content cannot be restricted without a court order and that requests to restrict content must be clear and unambiguous and follow due process.

Peaceful gathering

Protests against Palestine, immigration law and tuition fee increases

There have been protests in Japan in recent months without any restrictions being imposed.

On May 11, 2024, hundreds gathered for a pro-Palestinian rally in the streets of Shibuya in Japan's capital Tokyo. Led by a second group waving Intifada-themed banners, the demonstration gained traction as it made its way through Tokyo.

The protesters chanted “Boycott Israel!” in support of the Palestinian cause and condemned Israel's ongoing attacks in the Gaza Strip. Despite police presence, the determined crowd marched through the streets to express their opposition to the Israeli air strikes on Rafah. Anti-Palestine protests in Japan have continued in recent months.

In May 2024, it was reported that Japanese university students had also set up camps and held protests against Israel's ongoing genocide in Gaza on at least seven occasions. The camps are an expression of a strong anti-war sentiment in Japan.

On May 19, 2024, protests broke out against the proposal for the first tuition fee hike in two decades. Around 20 students held protest banners with slogans such as “Listen to the students” and “Stand firm against the tuition fee hike.” Opposition is growing among students against a proposal by the University of Tokyo that would increase fees by around 100,000 yen ($635) per year and could impact other national universities across Japan.

On June 5, 2024, thousands gathered outside the National Diet building to protest against changes to Japan's immigration law, which were scheduled to be voted on in an Upper House committee the following day.

Rally organizers, including the Anti-Poverty Network, estimated the number of people attending at about 5,500. Under the revised law, foreign nationals who have been denied refugee status two or more times can be deported, even if another application is pending, changing the current rule that blanketly prevents the deportation of people seeking refugee status.