Hate Speech Countermeasures Act

The legislative branch made the first step to eliminate discriminative public speech against Korean-Japanese on Tuesday. Hate Speech Countermeasures Act passed House of Representatives with overwhelming approval both sides of the aisle except Social Democratic Party. Lacking provision for penalty, the legislation cannot be the final answer to the problem. It is necessary for the nation to recognize that freedom of speech cannot be guaranteed on sacrifice of human rights of minority.

The act explains its purpose to be prohibiting discrimination based on ethnicity and urging central and local government to take measures for basic policy against racial discrimination. It defines ethnicity as race, color of skin, family or ethnic or tribal affiliation. No one is allowed making discriminative speech based on those kinds of differences. The act prohibits harming rights or interests through discriminative action such as insult or harassment.

The leading parties had been reluctant to the legislation. They changed its attitude with a condition that the law would not include provision of penalty, considering freedom of speech. A compromise stood focusing on the significance of taking unprecedented measures against hate speech, even if the law would not have power of enforcement. The opposite parties were not satisfied with the lack of protection for ethnic minority like Ainu or illegal refugees. But, the lawmakers took action to achieve an outcome before the end of this session.

Members of Committee on Judicial Affairs held a press conference after the passage. “The Diet never allows hate speech. The act indicated that the people also have a duty to make efforts to build a society without discrimination,” told Shoji Nishida, Liberal Democratic Party. “We need to infuse the souls of sufferers or experts into the act,” told Yoshifu Arita, Democratic Party.

Based on the data of Ministry of Justice, 1152 hate demonstrations were held between April 2012 and September 2015. Korean-Japanese or their families and relatives were targeted by discriminative speeches explicitly requiring their death or exclusion. They are feeling relieved, if their kids are going to school without fear. “Our government approves the legislation. We expect all the foreign people in Japan, including our Korean comrades, can live in a safe environment,” said a spokesman of Republic of Korea.

It is still not clear whether no hate speech will appear in the future. Some organizations have plan of hate speech demonstration next month. Based on new legislation, government needs to take strict measures with support of public hating hate speech.