After NTT Docomo became a wholly owned subsidiary of NTT in December 2020,4 In January 2021, the revised Copyright Act, which criminalizes the downloading of unlicensed manga, magazines, and academic publications, took effect. While these provisions were contested, and revisions are still planned,9 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 Individuals and public figures who break this social convention risk censure and even attacks from right-wing extremists, who notoriously attempted to assassinate the mayor of Nagasaki on these grounds in 1990. In 2016, Makoto Sakurai, a personality known for anti-Korean rhetoric, opened a channel on online television station AbemaTV; a rush of online criticism followed, and the channel was deleted.4, Social media platforms occasionally restrict content at the governments request. 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 I don't know a whole lot about japanese censorship stuff, I know Sony itself likes to censor though. Japan tends to censor some stuff like decapitations and gore. A 2014 law addressed the issue of content removal and intimate images shared without consent (see B2 and C2). Every country has, at one time or another, been guilty of grievous acts of censorship. 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. 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. 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. 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 To help limit its effectiveness, two local dailies instituted fact-checking processes. Do conditions impede users ability to mobilize, form communities, and campaign, particularly on political and social issues? Japan has a diverse online landscape. 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. 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 At the end of the coverage period, the government had not taken steps to restrict use of the platform. Japanese and American Legal Systems. 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 February 2019, the NICT, under the MIC, launched the NOTICE program,4 While both uploading and downloading pirated material was already illegal under the copyright law, with uploaders subject to 10 years imprisonment or fines of up to 10 million ($90,692), the version in effect since 2012 added two years in jail or fines of up to 2 million ($18,138) for downloading a single pirated file.4, In response to the attempted blocking of manga piracy sites in early 2018 (see B1), the Cultural Council of the Cultural Affairs Agency discussed amending the copyright law to expand the types of content that would be illegal to download or reproduce beyond pirated music and videos, to include material such as social media posts showing animated characters or personal blogs with icons containing copyrighted images.5 Otherwise, individuals or police ask ISPs to administratively delete contested or illegal content. In the future, says one pundit, that will change. A new law makes "online insults" punishable with jail time! Some municipal governments have also introduced local ordinances on hate speech, including the government of Osaka in 2016. 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? The MIC requested that four industry associations monitor false or unsubstantiated content circulating about the disaster online. As 2021 nears its close, a spasm of book banning has spread surprisingly quickly among state and local officials. Service providers protect themselves from civil liability by adhering to voluntary guidelines on takedown requests.8 The bill allows users to download image-based material or certain forms of academic content that is meant for private use.6 There are few obstacles to internet access, no blocks on websites, and the legal framework provides strong protections for various forms of expression. Ahead of the Okinawa gubernatorial election in September 2018, misinformation again spread online.4 At the same time, the actions depicted onscreen, and the wider themes of the story, are entirely free of any restrictions. Censorship can be a constant factor, or it can be enacted during emergencies (or particular . In April 2018, the government asked internet service providers (ISPs) to block manga piracy sites, including Mangamura, AniTube!, and MioMio, prompting a public debate that highlighted tensions between the protection of intellectual property on one hand and users rights to private communications and the constitutional ban on censorship on the other.2 Are online sources of information controlled or manipulated by the government or other powerful actors to advance a particular political interest? The court indicated that points such as the content of the search results, the scope of disclosure, the social status of the persons involved, the social situation, and the necessity of disclosing facts were critical in deciding whether search engine results should be removed.13 Kisha clubs and an advertising market that favors established players may be preventing digital media from gaining a stronger foothold in the market. The court stated that removal of information can be demanded only when privacy protection concerns clearly outweigh the publics interest in the disclosure of information online.12 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. In a 2008 report by the UN Human Rights Committee, they expressed concern about discrimination against LGBT people in several areas, including housing. 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. Increasing smartphone use has made the mobile market more competitive and resulted in improved pricing options, although the cost of service can otherwise be quite high. Does the state block or filter, or compel service providers to block or filter, internet content, particularly material that is protected by international human rights standards? 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. COVID-19 patients and individuals who allegedly tested positive for the virus also faced harassment on social media.2. A Myanmar citizen has filed a complaint at the Norwegian Data Protection Authority against Telenor Group under Article 77(1) of the European Union . 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 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 Mori resigned a week after the petition was created (see B8). Are websites, governmental and private entities, service providers, or individual users subject to widespread hacking and other forms of cyberattack? The article does not define what constitutes obscenity, leading to concerns that it could be invoked against artistic expression or used to curtail the rights of LGBT+ people.12. 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. Rakuten, in an effort to gain a competitive edge, launched cheaper plans in April 2021 compared to those offered by the other three mobile service providers. 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. According to Article 23(1) of Japan's Public Housing Law, it only applies to married and unmarried different-sex couples. Individuals can be sentenced to up to three years in prison or fines of up to 500,000 ($4,534). Kisha clubs include reporters covering institutions such as government ministries or major corporations but are only open to traditional media companies.1 Are individuals penalized for online activities, particularly those that are protected under international human rights standards? Former President Donald Trump late last year signed a law that requires US-listed companies to be held to American auditing standards and establish they are not owned or controlled by a foreign. Authorities have used the law to convict the operators of manga piracy site Mangamura (see C2 and C3). However, the LDP ultimately decided not to submit a bill on LGBT+ equality due to strong opposition by some conservative lawmakers.8, In early 2019, users rallied behind a Tokyo Shimbun reporter who was targeted by the government. 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. Police can request these details, along with usage logs, if they detect illegal online activity. Many experts have indicated their concern about ambiguous components of the law that could be abused. 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 this scenario, an ISP could give the complainant information to identify the postersuch as their name or IP addresswithout that persons consent, raising privacy concerns. A Change.org petition calling for Mori's resignation garnered more than 145,000 signatures in one week. Following her death, the Minister of Internal Affairs and Communications announced her intention to amend the Provider Liability Limitation Law (see C4).5 Japan's laws on censorship have become a more frequent topic of discussion among anime fans in the past few months. Some companies offer free Wi-Fi, including the private company Wire and Wireless (Wi2), part of the KDDI group, which provides free internet access in restaurants, coffee shops, and train stations; registration requires an email address.6 Hana Kimura was subject to harassment, primarily because of her gender, after she appeared on the reality television show "Terrace House. In May 2020, Kimura committed suicide. 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 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. Japan has three major mobile operatorsau, a KDDI brand; NTT Docomo; and SoftBank. With the space for such advocacy under threat in many . Four of its women characters, Jean, Amber, Mona and Rosaria, would be getting new "alternate . Weibo, China's answer to Twitter, has long been a prime target for stringent online censorship thanks to its broad audience base and ability to help influence public opinion. In 2002, industry associations produced guidelines designed to protect ISPs from legal liability within the jurisdiction of the Japanese courts. (Feb. 22, 2021) On December 30, 2020, Russian Federation President Vladimir Putin signedFederal Law No. And in Japan, case law precedent offers non . However, the ordinance did stipulate that the city would take measures to prevent the spread of hate on the internet.17 Share Share. Japan is primarily a civil law country, and the United States is primarily a common law country. Other laws regulate online activity but are not known to have resulted in abuse or disproportionate penalties. 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 Blogs have a significant impact on public opinion, and several independent journalists are becoming influential through personal or commercial websites and social media accounts. Outstanding challenges include ethnic and gender-based discrimination and claims of improperly close relations between government and the business sector. Critics say the law does not prevent the systematic storage of intercepted communications or protect innocent parties.10 After a three-month delay in rollout due to the COVID-19 pandemic, Rakuten Mobile launched 5G services in September 2020.4 There are some known cases of the government or powerful groups proactively manipulating online news or other content. 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