Hate Speech in Japan
The Possibility of a Non-Regulatory Approach

A comprehensive analysis into the background of legal responses to, and wider implications of, hate speech in Japan.

Shinji Higaki (Edited by), Yuji Nasu (Edited by)

9781108483995, Cambridge University Press

Hardback, published 28 January 2021

400 pages
23.5 x 15.8 x 3.5 cm, 0.9 kg

'An outstanding work on an important and timely topic. A superb group of authors examine hate speech in Japan from a wide range of perspectives. A comprehensive exploration of the historical background, existing legal framework, and a fascinating array of recent legal developments. Of great value and interest to anyone concerned with the balance between freedom of speech and regulation of hate speech, anywhere in the world.' Daniel H. Foote, Professor, The University of Tokyo Faculty of Law

This book explains the past and present status of hate speech regulations in Japan. The United States and European countries have adopted different approaches to resolve their respective hate speech problems. Both of them, however, continue to confront the dilemma that freedom of speech and anti-racism are fundamental values of human rights. Therefore, some scholars criticize the US approach as too protective of freedom of speech, while other scholars criticize the European approach as impermissibly violating that freedom. Compared to these countries, Japan is unique in that it does not criminalize hate speech and hate crime other than in the recently enacted Kawasaki City Ordinance criminalizing some kinds of hate speech. Japan basically relies on a comprehensive set of non-regulative tools to suppress extreme hate speech. This volume analyses Japanese hate speech laws and suggests a unique distinctive model to strike a balance between both core values of democracy.

Introduction
Part I. Outline: 1. Hate speech regulation and anti-discrimination in Japan Atsushi Kondo
2. Freedom of expression in Japan: constitutional framework of protection Shigenori Matsui
3. Hate Speech and International Law: The Internalisation of International Human Rights in Japan Ayako Hatano
Part II. History: 4. Buraku discrimination and hate speech: complex situations of classical and contemporary discrimination in Japan Takanori Yamamoto
5. Current movement of hate speech: focusing on hate speech directing to Korean residents in Japan Ryangok Ku
6. Failure of the human rights vindication bill Masayoshi Kaneko
Part III. Legal Framework: 7. Hate speech and criminal law frameworks in Japan Osamu Sakuraba
8. Tort liability for hate speech in Japan Kensuke Kajiwara
9. Frameworks of the local ordinances: efforts and challenges of local governments in Japan against hate speech Hideki Nakamura
10. The legislative process of the Hate Speech Elimination Act Katsuo Yakura
11. Hate Speech Elimination Act: a legal analysis Shinji Higaki
Part IV. Cases: 12. Kyoto Korean Elementary School Case: The Facts Il-song Nakamura, translated by Mana Sato
13. Kyoto Korean Elementary School Case: A Legal Analysis Shiki Tomimasu
14. An Injunction Banning a Xenophobic Group from Demonstrating: Kawasaki Case Toru Mori
Part V. Multidisciplinary Debates Relating to Hate Speech Regulation: Possibilities for Further Regulation: 15. The free speech jurisprudence in Japan: the influence of comparative constitutional law Keigo Obayashi
16. Japan's postcolonial hate speech Naoto Higuchi
17. Quantitative and theoretical investigation of racism in Japan: a social psychological approach Fumiaki Taka
Part VI. Current Issues: 18. Hate speech on the internet Kazushi Ogura
19. Hate groups and the use of public facilities: striking a balance between the right to assembly and interests of minority residents Yuji Nasu
20. Hate speech in the mass media: a dispute over broadcasting in Japan Shinji Uozumi.

Subject Areas: International human rights law [LBBR], Comparative law [LAM], Law [L], Human rights [JPVH], Comparative politics [JPB], Politics & government [JP], Social, group or collective psychology [JMH], Sociology [JHB]