7 - Hate Speech and Criminal Law Frameworks in Japan

Summary

This chapter aims to clarify the current legal situation surrounding the criminal regulation of hate speech. Japanese law, at the moment, has no particular provisions that punish hate speech per se. The current Japanese Penal Code punishes only defamatory expression that targets specific individuals or organizations. In the past, most of the academy had been sceptical about the criminal regulation of hate speech. In recent years, however, some academics have begun to argue that provisions to punish hate speech should be established. However, there are still some issues to be addressed because it is uncertain whether such an approach would completely satisfy requirements under Japanese criminal law such as the principles of clarity and appropriateness. Although criminal regulation has had some effect on resolving hate speech, that effect is yet limited, for criminal regulation can impact on only a very small part of hate speech acts – that is, those that are highly malicious.