How impactful is Japan’s Hate Speech Act of 2016?

Hate speech and discrimination are problems around the world. Each country has its own approach to dealing with these issues based on its history, background and circumstances. Germany, for example, has had severe hate speech laws since the post-war period, whereas free speech (including some forms of hateful expression) is protected by the First Amendment of the United States constitution.

Japan’s hate speech towards Zainichi Koreans

Japan is a more homogenous country though it does have certain issues with discrimination. In recent years, much of it has been directed towards the Korean population, particularly towards Zainichi Koreans, who are ethnic Koreans born and raised in Japan.

Japan passed its own Hate Speech Act in 2016. The act defines hate speech and takes a stance against it, defining hate speech as unfair or discriminatory speech against people who are not of Japanese origin. It includes examples such as openly insulting or threatening these people. Anti-Korean demonstrations are one reason the act was passed, with nearly 100 such demonstrations in 2013 alone.

However, the act does not define any punishments for those engaging in hate speech or discriminatory actions. This has been a point of criticism for those who feel the act does not go far enough. Some experts have stated that hate speech cannot truly be stopped without stronger measures. Others say that the act is an important first step that helps build awareness and legal precedent.

Japanese cities tackle hate speech with local laws

While the Hate Speech Act of 2016 does not have any punitive measures, it has made the issues of hate speech and discrimination more widely known. Cities and prefectures across Japan have taken their own measures, with many having pages about hate speech on their official websites.

Individual cities, including Tokyo, Kobe and Osaka, have their own hate speech laws. Kawasaki City has gone a step further and passed its own hate speech law with actual penalties. The law was passed in 2019 and punishes repeat violations with fines of 500,000 yen. Kawasaki has one of the largest populations in the Kanto area and has seen frequent anti-Korean demonstrations. Still, the city has seen these demonstrations go on even after the bill’s passing. Some say that Kawasaki’s law does not go far enough, much like the national hate speech act.

Internet community struggles with hate speech

Another related issue is hate speech on the internet, which is often difficult to control due to users being anonymous. It often requires knowing the user’s IP address or other personal information from internet service providers. However, in one case a man in his 60s from Oita Prefecture was ordered to pay 1.3 million yen in damages to a Zainichi Korean he harassed online. Websites and social media services do have their own policies regarding hate speech but have also been criticized for a lack of enforcement.

While the current laws have no or few penalties and more needs to be done to protect minority groups, the hate speech act can still serve as an important first step for building awareness. That alone is not enough to stop hate speech. It can hopefully lead to more actions to combat hate speech on the individual and local levels, in addition to national laws being continually strengthened to build a fairer and more equal society.