In May 2021, Aren Hachimura, the younger brother of NBA basketball player Rui Hachimura, received racist messages over SNS. The Act on Prevention of Improper Use of Mobile Phones (2005) requires mobile voice communication carriers to verify the identity of subscribers when a contract was terminated or transferred, in order to prevent a situation in which cell phone subscribers cannot be identified. Twitter complied with 29.4 percent of the requests.7. 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.Historically, the law has been interpreted in different waysrecently it has been . Japan's parliament enacted the proposed revised copyright law on Friday to expand the law to punish those who knowingly download illegally uploaded or pirated manga, magazines, and academic works . According to Article 23(1) of Japan's Public Housing Law, it only applies to married and unmarried different-sex couples. Besides benefiting Japanese consumers,9 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 Some private companies occasionally accept the governments requests to remove content. Individuals can be sentenced to up to three years in prison or fines of up to 500,000 ($4,534). Government statistics show that the average cost of internet access for households with two or more people across Japan in 2020 was 3,601 ($34.59) compared with 3,753 ($36.05) in 2017.2 In April 2019, the Macnica Networks Corporation, an information-technology trading firm, stated that groups reportedly connected to China were suspected of targeting private companies; it cited alleged efforts by Chinese cyberespionage group APT10 to hack Japanese defense companies in 2018.6, In January 2020, the Mitsubishi Electric Corporation disclosed that that it experienced massive cyberattacks in June 2019. Mobile service operators are expanding the market for handsets designed for children and the elderly, with easy-to-use, large button designs. The PS4 launched in 2013, but Japan's release came afterward. 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. Messaging apps, such as WhatsApp and Viber, are often. Voters found to have improperly solicited support for a candidate via email could be fined 500,000 ($4,534) or imprisoned for two years.10, Article 175 of the penal code bans the sale or distribution of obscene material, and while the relevant provisions date back more than century, they are considered to apply online.11 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. In June 2019, the movements organizer, actress and freelance writer Ishikawa Yumi, submitted an online petition, which then bore almost 20,000 signatures, to the Health Ministry calling for an end to the requirement.4 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. The changes allowed the NICT and the MIC to carry out the NOTICE program, authorizing them to attempt to access domestic internet-enabled devices for up to five years in an effort to strengthen cybersecurity (see C8).4 In June 2020, Japan passed amendments to the Act on the Protection of Personal Information. In June 2018, the government convened a panel to review potential legislation targeting websites that host pirated content. Otherwise, individuals or police ask ISPs to administratively delete contested or illegal content. Kisha clubs provide essential access to officials in Japan, but they have been accused of denying such access to young journalists and new media outlets; the system may also limit some reporters access to certain locations, such as areas affected by the 2011 Fukushima disaster. Rakuten Mobile partnered with electronics firm NEC to launch 5G services, originally planned for June 2020. Score Change: The score improved from 5 to 6 because the government did not block any websites or platforms during the coverage period. Update: February 8, 2022 A ccess Now and civil society organizations from across the globe are calling on the international community and technology companies to stand with the people of Myanmar and resist the coup both physical and digital. Following the governments effort to block manga piracy sites in early 2018, observers expressed concern that the move conflicted with the Telecommunications Business Act and the constitutional ban on censorship.2 Edit: is it true CERO does not need to look at PC games? Article 1. Masayuki Nakamoto, 43, was said to have made about 11 million yen ($96,000) from peddling over 10,000 processed porn clips, and was formally accused of selling ten hardcore photos for 2,300 yen ($20). 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 coalition of groups, including the Japan Internet Providers Association and the Movement of Internet Active Users, an organization that advocates for users rights, lobbied against the mandate, and mobile users can now select voluntary filters.9, Right to be forgotten cases increased around the same time as a landmark 2014 decision on the topic by the Court of Justice of the European Union. These included interactive maps to share public information about disaster relief,1 Are individuals subject to extralegal intimidation or physical violence by state authorities or any other actor in relation to their online activities? 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 UNs special rapporteur for privacy noted ahead of the laws passage that in order to establish the existence and the extent of such a planning and preparatory actions, it is logical to assume that those charged would have had to be subjected to a considerable level of surveillance beforehand.7, Under a wiretap law enacted in 2000, law enforcement agents may seek a court order to conduct electronic surveillance in criminal investigations involving drugs, firearms, human trafficking, or organized murders, in an exception to articles of other laws that explicitly forbid wiretapping.8 Japan has three major mobile operatorsau, a KDDI brand; NTT Docomo; and SoftBank. The book concludes by assessing the current state of censorship in Japan and likely future developments. However, recent developments in Japan have raised serious concerns about increased surveillance, including reports of opaque surveillance operations and the approval of a conspiracy law that may allow police to seek wiretap warrants in a wider range of circumstances. As of 2021, the internet penetration rate for households stood at 93 percent.2, Providers continue to develop telecommunications infrastructure, in part to alleviate mobile network congestion. Analysis of about half a million sample tweets posted before and after Japan's 2014 general election revealed that most posts were near-duplicates or retweets of those posted by bots, including many that disseminated nationalist or progovernment messages.3 Taniwaki, who had been instrumental in the governments policies on mobile phone prices, was quickly transferred to another position.7, In March 2021, the Cabinet approved Shunichi Tokura, the former chairman of the Japan Music Rights Association (JASRAC), as Commissioner for Cultural Affairs. In one significant cyberattack against civil society organizations, at least 33 antinuclear citizens groups were targeted in 2013.5 In 2007, the MIC ordered mobile service providers to install filtering software that would enable parents to control the content seen by their children. Ensafi's team found that censorship is increasing in 103 of the countries studied, including unexpected places like Norway, Japan, Italy, India, Israel and Polandcountries which the paper notes are rated as some of the freest in the world by advocacy group Freedom House. Abe was . The 2013 My Number law introduced a unique 12-digit number for all long-term residents used to access unified social welfare services and taxation purposes. The NTT group remains dominant in practice, though hundreds of other providers offer services including fiber-optic connections and fixed-line or wireless broadband access.1 Ahead of the Okinawa gubernatorial election in September 2018, misinformation again spread online.4 There is full competition in the ownership of gateways to the international internet.1 The society at large prefers harmony, and people avoid criticizing the role of Japans emperor, especially when connected with historical events like World War II. (Feb. 22, 2021) On December 30, 2020, Russian Federation President Vladimir Putin signedFederal Law No. 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 One book is by Hokusai and the other is by Utamaro.8 An American scholar of Japanese descent 43 This law doesn't make any sense and it just have the opposite effect. Does the government exercise technical or legal control over internet infrastructure for the purposes of restricting connectivity? Just as in ancient Grecian communities, the Roman ideal of good governance included shaping the character of the people. In June 2008, the law was amended to prohibit the transfer of SIM cards without permission and to require rental companies to verify the identity of customers.1, There are no explicit restrictions on encryption. However, some digital activities require separate registration. No third party can do so. 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. Overseen by government officials rather than an independent body, it offers no protection for whistleblowers who reveal wrongdoing.3. The laws authors struggled to balance restrictions on racial and ethnic slurs with freedom of expression guarantees in the constitution.5 During the same period, Twitter received 16,648 requests for content removal.6 Japanese individuals, particularly women, have used the internet to protest against gender-based discrimination and effect tangible change. 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. Authorities have used the law to convict the operators of manga piracy site Mangamura (see C2 and C3). 10 Political rights and civil liberties are generally well respected. YouTube, Twitter, Facebook, and international blog-hosting services are freely available, as are popular local platforms like Niconico, the video-sharing site, and LINE, a chat application that was launched in Japan in 2011. Heightened awareness of nonconsensual sharing of intimate images and online harassment culminated in the adoption of a law criminalizing such activity in 2014. On February 19, 2021, the Justice Ministry announced that 20,120 mobile phone calls were tapped in 20 cases during 2020, leading to 152 arrests. The server is misbehaving. #censorship. Today, however, this concept is, in our view, distorted and fought against. Some observers said this was an attempt to control public discourse, though deletions were not widespread. Japanese and American Legal Systems. Published Dec 29, 2021 Negima!? Authorities have used the law to convict the operators of manga piracy site Mangamura (see C2 and C3). It criminalized planning to commit a series of newly designated serious crimes that could supposedly fund terrorism, including copyright violations, potentially making more suspects subject to wiretaps. the change was expected to allow tourists who were supposed to visit Japan during the 2020 Summer Olympics to more easily access mobile services.10. Japan is primarily a civil law country, and the United States is primarily a common law country. Customers in small cities, towns, and villages paid an average monthly price of nearly 3,024 ($29.04). Authorities typically do not order service providers to block or filter content in Japan. 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. In Japan it is now against the law to be mean on the internet. Arbitrariness And Censorship Are Back In The West Written by Thierry MEYSSAN on 02/01/2021 When we founded the Voltaire Network in 1994, our first concern was to defend freedom of expression in France, and then around the world. 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. 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. Do restrictions on the internet and digital content lack transparency, proportionality to the stated aims, or an independent appeals process? However, the ordinance did stipulate that the city would take measures to prevent the spread of hate on the internet.17 During the previous reporting period, a number of users were charged with virus-related offenses (see C3). In May 2019, it was revealed that the national government and Fukushima Prefecture paid over 24 billion ($217 million) to an advertising agency to manage public relations, including in online outlets, after the disaster.6. 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? China. This code sets the age of consent for sexual activity at 13 for girls and 14 for boys, and it has remained unchanged since then. Some of those arrested were fined 100,000 ($906).5 In March 2019, the Yokohama District Court acquitted one defendant, ruling that the cryptocurrency mining program did not constitute a virus.6 Specifically, the government will consolidate personal information among local government and central government servers, and will link personal data to individuals unique 12-digit numbers.9, During the drafting process, it became clear that the government's priority was to effectively manage internet users information rather than to protect personal data.10 The information collected is reportedly stored for around two months, during which it is analyzed to determine if it is of interest to the DFS. In 2017, several municipalities asked for a clearer definition of hate speech under the law.7 A 2014 law addressed the issue of content removal and intimate images shared without consent (see B2 and C2). censorship - The Japan Times censorship Asia Pacific Jul 25, 2021 One month since closing of Apple Daily, concern over Hong Kong free press lingers by Caroline Tam Apple Daily's closure and. A law enacted in 2003 and revised in 2008 prohibits electronic communications encouraging sexual activity with minors.14 Individuals who have criticized the ruling LDP and the government have also faced targeted harassment. A 2012 legal revision targeting copyright violators applies to any internet users who download content they know has been illegally copied, as opposed to just those engaged in piracy for commercial gain.3 A number of initiatives sprang up in response to the 2011 Fukushima disaster. 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. Mori resigned a week after the petition was created (see B8). These distinctions, however, are not perfect. This would mean navigating the country's notoriously tricky censorship rules, but given that China was, at the time, home to an estimated 560 million gamers, the commercial appeal was irresistible. Japan's laws on censorship have become a more frequent topic of discussion among anime fans in the past few months. 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. While the government is relatively transparent in its censorship decisions, previous blocking and efforts to give authorities more censorship power have raised concerns. The government has also invested heavily in Wi-Fi networks in preparation for the 2020 Summer Olympics, which were postponed and held in August 2021.5 YouTubers and Instagram personalities have also become increasingly influential in recent years. Many experts have indicated their concern about ambiguous components of the law that could be abused. No major incidents of physical violence related to peoples online activity were reported during the coverage period, though incidents of online harassment and intimidation, particularly against women, individuals with at least one Black parent, and medical personnel, did occur (see C7). 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 In a survey by the Japan Medical Association, there were 700 incidents between October and December 2020 where medical staff treating COVID-19 patients were subject to online harassment.1 The Act on the Protection of Specially Designated Secrets came into force in 2014, despite objections from the opposition, civil society, and protesters. This year, China's National Film Board tightened regulations on foreign films requiring that they now undergo a second round of reviews by the Chinese Communist Party. Japanese politician Yamada Taro has proposed changes to Criminal Code 175, so that hentai and pornography would no longer be censored. After a three-month delay in rollout due to the COVID-19 pandemic, Rakuten Mobile launched 5G services in September 2020.4 During Diet sessions, when questions were raised as to whether the Ministry of Defense and the Cabinet Intelligence and Research Office were intercepting phone calls and e-mails, the government declined to answer.12. If the poster refuses permission, the service provider is authorized to assess the complaint and act on it if it is deemed legitimate. Japans Supreme Court protects privacy in part through its interpretation of Article 13 of the constitution, which provides for the right to life and liberty.1 Article 175 of the Criminal Code of Japan is to prevent the distribution and sale of of indecent material, and its current interpretation includes pornography. 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. The censorship directives are the latest sign of how thoroughly Hong Kong is being reshaped by Beijing's security law, which took aim at the city's pro-democracy protest movement but has had . Do national regulatory bodies that oversee service providers and digital technology fail to operate in a free, fair, and independent manner? On February 2, 2021, the Indonesian Government enacted the implementing regulation of the Omnibus Law (Law No.11 of 2020 on Job Creation) regarding the environmental sector, Government Regulation No. 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? In June 2020, the Tokyo High Court reversed a lower court ruling that Twitter must remove posts which detailed the plaintiffs arrest records (see B3). Some municipal governments have also introduced local ordinances on hate speech, including the government of Osaka in 2016. The MIC requested that four industry associations monitor false or unsubstantiated content circulating about the disaster online. Does the online information landscape lack diversity and reliability? A Change.org petition calling for Mori's resignation garnered more than 145,000 signatures in one week. Due in part to strong infrastructure, internet access is widely available to users in Japan. In February 2019, the NICT, under the MIC, launched the NOTICE program,4 Osakas ordinance authorized the public identification of groups that disseminate hate speech, defined as communication which defames and aims to exclude a particular group based on race or ethnicity, including through online transmission, according to news reports.16 One thing that's quickly noticeable is how Japanese adult videos are censored. 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. Some companies report on data requests they receive from government agencies. During the previous coverage period, Ishikawa Yumi, the woman who launched the #KuToo campaign, reported facing online harassment over her work, frequently from men (see B8).6, Physical violence in relation to online activities is rare. 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