Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • 7 - Hate Speech and Criminal Law Frameworks in Japan

  • from Part III - Legal Framework
  • Edited by Shinji Higaki, Yuji Nasu
  • Book:
    Hate Speech in Japan
    Published online:
    15 January 2021
    Print publication:
    28 January 2021, pp 167-186

  • Summary

    This chapter aims to clarify the current legal situation surrounding the criminal regulation of hate speech. Japanese law, at the moment, has no particular provisions that punish hate speech per se. The current Japanese Penal Code punishes only defamatory expression that targets specific individuals or organizations. In the past, most of the academy had been sceptical about the criminal regulation of hate speech. In recent years, however, some academics have begun to argue that provisions to punish hate speech should be established. However, there are still some issues to be addressed because it is uncertain whether such an approach would completely satisfy requirements under Japanese criminal law such as the principles of clarity and appropriateness. Although criminal regulation has had some effect on resolving hate speech, that effect is yet limited, for criminal regulation can impact on only a very small part of hate speech acts – that is, those that are highly malicious.