9 - The Frameworks of the Hate Speech Local Ordinances

Summary

This chapter focuses on the legal challenges facing and the responses of Japanese local governments to the issue of hate speech. First, it explains the system of local autonomy in Japan and the right to enact local ordinances. It then outlines the previous efforts of local governments to curb discrimination and hate speech, including the recent notable Osaka City Ordinance Dealing with Hate Speech. A major feature of that ordinance is that it is, in substance, the only one among Japan’s laws and regulations that gives a detailed definition of ‘hate speech’. However, like the Hate Speech Elimination Act, the ordinance, does not prohibit hate speech. The chapter concludes by touching upon the kinds of challenges that local governments face when attempting to regulate hate speech. Not only are they required to reliably ascertain the legislative facts constituting the basis for the necessity and rationality of legislation, but also it seems that they have little choice but to adopt the least-restrictive means of regulating the issue and to revise those regulations while constantly checking to see whether their objective is being met.