Dismissing Hate Speech

The judicial branch at last authorized that demonstration chanting “Kill them” or “Oust them” was discrimination. The Supreme Court dismissed the appeal of Citizens against the Special Privileges of the Zainichi, or Zaitokukai, and ordered the penalty of ¥12 million. Amazingly enough, it took four and a half years for the court to conclude it, since Kyoto Korean School indicted that notorious group. As a developed nation, an economy heavily dependent on international trade and a democracy even though fundamentally nominal, the Japanese need to recognize hate speech treason.

Members of Zaitokukai made consistent speeches around Kyoto Korean School that required kicking Koreans out between December, 2009, and March, 2010. The school charged Zaitokukai with its violation of the right of educating children with their own language and required halting their demonstration and compensation of ¥30 million.

The first court, Kyoto District Court, recognized discrimination of Zaitokukai speech and sentenced ¥12 million in October, 2013, as an enough penalty of violating Treaty of Abolishing Ethnic Discrimination. It also prohibited the group demonstrating in the place closer than 200 meters around the school. Zaitokukai appealed to Osaka High Court. The high court overwhelmingly supported the decision of the first court this July, dismissing the argument of Zaitokukai to define their speeches as political activity and matching public interest.

The decision of Supreme Court does not necessarily mean the end of the problem. Firstly, the penalty might not be enough to deter further hate crimes in Japan. While international society required Japan to legislate new law to prohibit hate crimes, the Government of Japan tried to deal those crimes with existing laws. Because the court decided this case within the realm of them, the penalty became relatively light. If the judicial authority really thinks the necessity of eliminating them, the court need to deliver a sentence of jailing those members in criminal trial.

Deputy Chief Cabinet Secretary, Hiroshige Seko, embarrassingly revealed no intention of new legislature. “Because we realize the importance of human rights being respected and achievement of rich and matured society, we will firstly make effort of applying existing laws and further enlightenment,” told Seko in his press conference on Thursday. This person has no capability to understand the situation of Japanese society.

The problem is who financially support Zaitokukai. If the supporter is the political supporter of Shinzo Abe administration, Abe will not fundamentally discard the hate crime organization. It only happens when he has morality to prioritize national interest to his personal one.