Despite promises that the program will not target phones and personal computers, critics have expressed privacy concerns (see C5). No citizens faced politically motivated arrest or prosecution for their online activity during the coverage period. In June 2016, the Supreme Court dismissed a legal challenge to the police practice of monitoring places of worship and other venues used by members of the Muslim community. China. 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 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. 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. The original case was brought after a 2010 leak of police documents revealed that Muslims were subject to widespread monitoring for possible terrorist activity. 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. the use of Googles Person Finder web application to facilitate rescue and recovery,2 While the government is relatively transparent in its censorship decisions, previous blocking and efforts to give authorities more censorship power have raised concerns. 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 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 Are individuals subject to extralegal intimidation or physical violence by state authorities or any other actor in relation to their online activities? 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 While users have a choice of providers for internet services, certain companies dominate the market. While cyberattacks against journalists and activists are rare, private companies have been targeted in previous coverage periods. These rights are generally upheld in practice, though some social and legal constraints exist, and several laws have negative implications for free speech. Abe was . In February 2019, civil society groups and ordinary users issued a joint statement asking the MIC to suspend the program,5 In this case, a man asked Google to remove search results documenting a crime he committed over five years earlier.11 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 May 2020, many celebrities voiced their opposition to a draft bill that would allow the government to delay the retirement of senior prosecutors, arguing that the bill undermined the constitutional separation of powers.3 In January 2021, the revised Copyright Act, which criminalizes the downloading of unlicensed manga, magazines, and academic publications, took effect. We're doing our best to get things working smoothly! Donald Trump's claim that his anti-BDS order "targets antisemitism" was presented as fact in the New York Times headline ( 12/10/19 . Does the government exercise technical or legal control over internet infrastructure for the purposes of restricting connectivity? Acknowledging that "one might think this is simply conjecture by the ACE Economic Research Center," Yasuda then cited five specific Western-oriented changes he believed were instrumental in contributing to the brand's slow march towards self-destruction: 1. One thing that's quickly noticeable is how Japanese adult videos are censored. 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 For example, the Jiminto (LDP) Net Supporters Club (J-NSC), organized in 2010, had about 19,000 members as of 2017. Anonymization provisions allow for personal data to be transferred to a third party without the consent of the subject if specific requirements are met.6 A law enacted in 2003 and revised in 2008 prohibits electronic communications encouraging sexual activity with minors.14 In 2016, the IHC began providing reports to Safe-line, a website maintained by the SIA.17 Japanese politician Yamada Taro has proposed changes to Criminal Code 175, so that hentai and pornography would no longer be censored. Censorship has followed the free expression of men and women like a shadow throughout history. 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. You will go to prison. Since today we are discussing censorship, I thought it would be appropriate to show two books of Japanese early nineteenth-century shunga (lit. Wi-Fi access has been tied to mobile subscriptions in the past, which presents a barrier for users without contracts.7, Connectivity is occasionally restricted accidentally or due to network congestion and server outages. 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. 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 In a 2015 lawsuit, the Tokyo High Court ordered Yahoo Japan to delete 11 search results that linked a mans name to criminal behavior. Messaging apps, such as WhatsApp and Viber, are often. 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 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. In 2017, several municipalities asked for a clearer definition of hate speech under the law.7 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 creator Ken Akamatsu has decided to walk the walk and change Japanese censorship laws by running for office. A new law makes "online insults" punishable with jail time! Is access to the internet prohibitively expensive or beyond the reach of certain segments of the population for geographical, social, or other reasons? GR No. (Kotaku also says that Japanese porn is painstakingly censored by hand, earning the highly skilled laborers $15 per hour.) As 2021 nears its close, a spasm of book banning has spread surprisingly quickly among state and local officials. The China . In 2017, the Japanese Supreme Court ruled in favor of Google and established criteria for delisting search results that same year.10 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. After NTT Docomo became a wholly owned subsidiary of NTT in December 2020,4 It can be done by various methods and for a range of justifications. There are few obstacles to internet access, no blocks on websites, and the legal framework provides strong protections for various forms of expression. Glad to see Japanese publishers standing up to Western companies. The number of interceptions has more than doubled from the previous year, partly due to the introduction of new procedures that allow the police to wiretap individuals without witnesses from telecommunication companies.11, The wiretap law was controversial when it passed, in part due to the authorities periodic abuse of surveillance powers.12 According to Article 23(1) of Japan's Public Housing Law, it only applies to married and unmarried different-sex couples. Facebook reported 66 government requests involving 82 accounts between July and December 2020. Reasons vary from keeping inappropriate material out of reach to trying to stop protests and other public demonstrations from being organized. Article 2. The platform provided data in 42 percent of cases.17. 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. In the United States, codified law can be found at all jurisdictional levels, and may control the outcome of a dispute. 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 Japan is primarily a civil law country, and the United States is primarily a common law country. Change.org Uh oh. There is full competition in the ownership of gateways to the international internet.1 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). which attempts to crack the passwords of about 200 million internet-connected devices in homes and offices, starting with webcams, routers, and sensors, in order to better secure vulnerable devices with stronger passwords. #censorship. Are individuals penalized for online activities, particularly those that are protected under international human rights standards? The group essentially serves as an online public relations effort for the LDP, though its rules make clear that members are responsible for their own social media posts. Kisha clubs and an advertising market that favors established players may be preventing digital media from gaining a stronger foothold in the market. In 2017, the UNs special rapporteur for freedom of expression criticized the kisha club system.3 For ISPs to block particular websites, they must monitor their customers' online activity to determine whether they are accessing the sites in question, which could violate the constitutional right to secrecy of communications.1 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. Critics say the law does not prevent the systematic storage of intercepted communications or protect innocent parties.10 A number of initiatives sprang up in response to the 2011 Fukushima disaster. 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. In June 2018, police announced that they arrested 16 website operators for allegedly using a service called Coinhive to mine cryptocurrencies via visitors computers without their consent.4 In June 2020, Japan passed amendments to the Act on the Protection of Personal Information. The law obliges agents to notify targets of wiretaps after investigations are concluded and inform the Diet about the number they implement annually. A 2014 law addressed the issue of content removal and intimate images shared without consent (see B2 and C2). However, some digital activities require separate registration. The 2014 state secrets law, which covers national security issues, may make surveillance abuses harder to document (see C1 and C2). Ahead of the Okinawa gubernatorial election in September 2018, misinformation again spread online.4 Washington, DC 20036, Scores are based on a scale of 0 (least free) to 100 (most free). 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 A number of laws regulate online activity, including by imposing civil and criminal liability. 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. In February 2020, data communication was unavailable for a few hours for mobile virtual network operator (MVNO) Mineo customers.9 No third party can do so. Facebook has suppressed content posted by Palestinians and their supporters speaking out about human rights issues in Israel and Palestine. The bill allows users to download image-based material or certain forms of academic content that is meant for private use.6 In contrast, when private individuals or groups organize boycotts against stores that sell magazines of which they disapprove, their actions are protected by the First Amendment, although they can become dangerous in the extreme. Since the laws introduction, many cities have subsequently moved to legislate against hate speech (see C2). Internet caf users are required to produce formal identification documents such as a drivers license, and to register their name and address. 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. The J-NSC remained active during the coverage period.2. Censorship by the government is unconstitutional. The move raised serious concerns over whether blocking was constitutionally allowed, and the government later indicated that it would introduce legislation to broaden its blocking authority (see B3). In March 2019, the Yokohama District Court acquitted one defendant, ruling that the cryptocurrency mining program did not constitute a virus.6 The Emperor shall be the symbol of the State and of the unity of the People, deriving his position from the will of the people with whom resides sovereign power. Do national regulatory bodies that oversee service providers and digital technology fail to operate in a free, fair, and independent manner? 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 Are there laws that assign criminal penalties or civil liability for online activities, particularly those that are protected under international human rights standards? Individuals who have criticized the ruling LDP and the government have also faced targeted harassment. See all data, scores & information on this country or territory. Japanese and American Legal Systems. 2 There are concerns that disclosure requests will be misused as a means to suppress the transmission of information.4. 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. During the previous reporting period, a number of users were charged with virus-related offenses (see C3). 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. Are there economic or regulatory constraints that negatively affect users ability to publish content online? The reporting claimed that the government deployed a clandestine online surveillance program, dubbed MALLARD, to observe communications passing between satellites.16 Share Share. Individuals can be sentenced to up to three years in prison or fines of up to 500,000 ($4,534). Censorship can be a constant factor, or it can be enacted during emergencies (or particular . Under the law, all online dating services must register with the police, verify their customers ages with a drivers license or credit card, and delete or block content that appears to involve someone under 18; most services voluntarily monitor messages in real time to ensure compliance. 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 Political bots have also permeated the Japanese internet. It was not clear how much of the monitoring involved digital as opposed to physical surveillance.14. 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. 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). 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. 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 Outstanding challenges include ethnic and gender-based discrimination and claims of improperly close relations between government and the business sector. It is a troubling sign of the times in Japan when the government fails to unequivocally condemn threats of violence that target freedom of expression while politicians grandstand on censoring art. Increasingly, however, if we want to find direct government censorship of speech, we don't have to travel far. Do online journalists, commentators, and ordinary users practice self-censorship? 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. Authorities have used the law to convict the operators of manga piracy site Mangamura (see C2 and C3). The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet. 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. Kisha clubs include reporters covering institutions such as government ministries or major corporations but are only open to traditional media companies.1 Update: February 8, 2022 A ccess Now and civil society organizations from across the globe are calling on the international community and technology companies to stand with the people of Myanmar and resist the coup both physical and digital. In a 2008 report by the UN Human Rights Committee, they expressed concern about discrimination against LGBT people in several areas, including housing. 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). Many experts have indicated their concern about ambiguous components of the law that could be abused. 1850 M St. NW Floor 11 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. It is unclear whether and to what extent domestic users have been caught up in the program. 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. Law enforcement requests for this data should be supported by a warrant.4 The constitutional right to secrecy of communications is also protected under telecommunications laws.2 Scientifically speaking, it depends on how the original censorship mosaic . 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 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 See the, Key Developments, June 1, 2020 - May 31, 2021, Afghanistan Human Rights Coordination Mechanism, 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