1 - Hate Speech Regulation and Anti-discrimination in Japan

Summary

The Government of Japan has an obligation to enact anti-hate speech laws based on Article 20 ICCPR (prohibiting the advocacy of national, racial or religious hatred) and Article 4(c) ICERD (preventing public authorities or public institutions, national or local, from promoting or inciting racial discrimination), although it has reserved Article 4(a) and (b) ICERD. If we interpret the Constitution of Japan in conformity with international human rights treaties, article 13, in conjunction with article 21, of the Constitution guarantees freedom from infringements of human dignity resulting from hate speech, incitement with clear and present danger, and intimidation or threat of illegal violence. Criminal penalties are already permitted in these cases. It is, however, also important to provide in law for administrative measures to prevent hate speech and to regulate against ethnic harassment in workplaces and universities. This chapter analyses hate speech regulations in countries such as Germany, the United Kingdom, Sweden, France, Canada and the United States, and discusses the challenges and prospects of regulations in Japan.