Japan’s tougher cyberbullying laws prompted after Hana Kimura’s suicide sparks free speech debate
- On Thursday, a 22-year-old man indicted by Tokyo prosecutors was the first person to face the stiffer punishment for allegedly slanderous online comments
- The updated legislation does have its critics, with some saying the provisions of the law are too vague on what actually constitutes online slander or bullying
Legislation to toughen the existing penal code was passed by the Diet on Monday, with anyone convicted of using abusive language to insult a person in a public setting, including online, now facing up to one year behind bars or a fine of up to 300,000 yen (US$2,230).
Previously, a conviction for an online insult or accusation not based on fact could have led to a maximum prison term of 30 days or a fine of 10,000 yen (US$75).
On Thursday, a 22-year-old man indicted by Tokyo prosecutors was the first person to face the stiffer punishment for allegedly slanderous online comments.
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Local media have reported that the man claimed in his posts that Matsunaga was only taking the driver to court because he wanted money and attention.
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In a press conference after the revisions to the law were approved, Kyoko Kimura, her mother, expressed relief.
“The existing law has not served as a deterrent and is unreasonable,” she said. “My overwhelming feeling now is ‘Finally’!”.
She warned, however, that the new law was “not the end” of the problem, adding, “It is really just the beginning. How punishments are handed down will depend on the behaviour of each and every one of us.”
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Vickie Skorji, director of the Tokyo-based TELL Lifeline and counselling service, said there has been a clear uptick in cases of online bullying during the last couple of years, but the revisions to the law are a “step in the right direction”.
“People are burned out, they have experienced pressures and stresses like never before and we know that bullying is happening in schools and on social media sites.
“What happened to Hana Kimura really focused attention on the problem, along with a flood of other actors and celebrities coming out with similar tales of online abuse, so I feel this is certainly a step in the right direction.”
It is undeniable, however, that Japan has lagged significantly behind other nations in this area, she added.
“But in Japan, the issue is still in its infancy,” she said. “They are clearly trying to do something and that is positive, but this is not going to solve the problem overnight.
“What it will do is let people know that this sort of thing is inappropriate and signal that there will be consequences,” Skorji added.
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The updated legislation does have its critics, however, with some saying the provisions of the law are too vague on what actually constitutes online slander or bullying.
Others say authorities should instead be pressuring social media companies to stamp out online abuse.
Chisato Kitanaka, an associate professor of sociology at Hiroshima University specialising in harassment and domestic violence issues, says changes are certainly needed to regulate the online space, but other approaches might be more effective.
“But I feel that does need to be some regulation of this space, so another possible way of doing that might be through the authorities working closely with the social media companies to halt bullying and attacks on people,” she added.
