#GoodMove- Japan makes 'online insults' punishable in wake of reality TV star's death
Parliament in apan passed a law on Monday to imprison "online insults."
A national criminal law amendment that goes into effect later this summer could impose up to a year's imprisonment or a fine of up to 300,000 yen (about $ 2,200) for criminals convicted of online insults.
This is significantly higher than the existing penalties for detention for less than 30 days and fines of up to JPY 10,000 (US $ 75). The 4,444 bill was controversial at home, arguing that opposition could hinder free speech and criticism of those in power. But advocates said stricter legislation was needed to tackle cyberbullying and online harassment.
Only passed after adding a clause ordering the law to be reviewed three years after its entry into force to assess its impact on freedom of speech. According to a Ministry of Justice spokesman, insults are defined in Japanese criminal law as publicly degrading a person's social status, regardless of certain facts or actions. Crime, unlike defamation, is defined as publicly humiliating a person by citing certain facts.
Both will be punished.
Japanese criminal defense lawyer Cho Sei-ho warned that the revised law does not include a classification of what constitutes insult.
"There must be guidelines to distinguish what is considered an insult," Cho said. "For example, even if someone now calls a Japanese leader a fool, it may be considered an insult under the revised law."
Death of Hana Kimura
The problem of online harassment has increased in recent years as the demand for cyberbullying prevention laws has increased after the death of professional wrestler and reality show star Hana Kimura. Kimura, 22, known for his role at the Netflix show Terrace House, committed suicide in 2020. The news caused sadness and shock across the country, with many citing online abuse from social media users in the months leading up to her death.
Other performers have come forward to share their experiences of online abuse.
Shortly after her death, Japanese officials promised to address the threat of cyberbullying and speed up government debate on relevant laws.
Kimura's mother, former professional wrestler Kyoko Kimura, established a non-profit organization called "Remember Hana" to raise awareness of cyberbullying by advocating stricter cyberbullying prevention laws after her daughter's death.
Kyoko held a press conference on Monday after Congress praised the new law and announced its decision.
"I want people to know that cyberbullying is a crime," she said, adding that she hopes this change will lead to more detailed laws.
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