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5 - The Current Movement of Hate Speech

Focusing on Hate Speech Directed at Korean Residents in Japan

from Part II - History

Published online by Cambridge University Press:  15 January 2021

Shinji Higaki
Affiliation:
Fukuoka University
Yuji Nasu
Affiliation:
Seinan Gakuin University
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Summary

Between 2009 and 2010, a Korean ethnic school in Kyoto in Japan was attacked by racist groups. As an attorney representing the school in the case, the author of this chapter was able to win a historic Supreme Court decision that affirmed the illegality of racial discrimination and ordered payment to the school of a large award for damages in 2014. This was the first ruling to acknowledge the illegality of hate speech in Japan. It triggered a national debate about establishing a new law against hate speech and hate crimes, and in June 2016 the Hate Speech Elimination Act, the first to address the issue, was enacted. To examine the impact of this law, the chapter first outlines the facts of and background to the case, clarifying issues about racism in Japan, then goes on to analyse the historical and social roots of that racism to assess whether or not the law is effective in combating it. The chapter concludes with a look at what has gone on in Japan since the Act came into force and what more might be needed to tackle the crisis.

Type
Chapter
Information
Hate Speech in Japan
The Possibility of a Non-Regulatory Approach
, pp. 125 - 150
Publisher: Cambridge University Press
Print publication year: 2021

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