18 - Hate Speech on the Internet

Summary

This chapter focuses on the struggle to deal with hate speech on the Internet, including concrete examples and an examination of the basic measures that Japan needs to adopt to deal address with this problem. The chapter concludes that there is a significant difference between discriminatory expressions attacking socially vulnerable minorities and expressions attacking the government and the socially strong majority, which have become the focus for debate on regulation. However, while discriminatory expressions are unpleasant, they remain mere expressions and should be treated as such. It should not be overlooked that discriminatory expressions often take on a political character because they are often focused on emphasizing equality. Regulation under the law should be based on both freedom of expression and the goal of eliminating discrimination itself, and in relation to the latter a blend of education and awareness-raising activities are called for, along with resolution by law that aims to inspire voluntary initiatives (self-regulation) among providers.