Crime Victims’ Protection Under the Free Speech Law in Japan

Abstract

First, this paper argues that the amount of damage by defamation or privacy infringement in Japan is so small that the publisher might get an article published even in the face of potential litigation. In 1997, a 14-year-old junior high school student killed his friend, 11 years old. He cut his head and put it in the front gate of the junior high school. Before being arrested, he had sent several letters to newspapers to make his killing a display. He was convicted at the juvenile court. Article 61 of the Juvenile Act prohibits the minor defendant’s name from being published in a newspaper or magazine, but no civil or criminal sanction. There is also no sanction for publication of the victim’s name in the Juvenile Act. In Japan, the name of the victim is published, but not for minor defendants protected under the Juvenile Act. After getting out of the medical reformatory in 2007, he published his book in 2015 describing the history of this case and life after medical reform school. The father of the victim was strongly against the publication, but failed. There is no way to learn where the author lives now. There is no provision in the Juvenile Act that could transfer benefit of publication to the victim’s family. Some people argue that this provision doesn’t match well for Internet publication. New legislation might be needed for victims damaged by the publication of the book or article describing the crime.

Second, this paper reviews if recent cases are challenging the market of ideas. In another case in 2013, a 21-year-old truck driver killed his ex-girlfriend, 18 years old, after threatening the distribution of sexual pictures taken during the relationship. Just before being arrested, he uploaded her private pictures on websites. General free speech law remedy at court is damage, injunction, or publication of apology. In the Internet era, injunction might be more protective. Otherwise, another alternative doctrine might be needed.