Criminal punishment for hate speech The first ordinance established in Japan Kawasaki City Council

Criminal punishment for hate speech National first regulations established Kawasaki City Council December 12 18:56

On the 12th, the Kawasaki City Council established the nation's first ordinance that included criminal penalties for repeated ethno-discriminatory behavior such as hate speech. Kawasaki City aims to balance consideration of freedom of expression and ensuring effectiveness.

Kawasaki City is opening an ordinance draft that incorporates a fine of up to 500,000 yen when repeating ethno-discriminatory behavior such as hate speech three times without following the city's “Recommendations” and “Orders” Was submitted to the city council.

This ordinance was voted at the plenary session on the 12th, and was approved with the approval of all members except for two members who left the office because continuous deliberation was necessary.

Kawasaki City is aiming to achieve both consideration for freedom of expression and ensuring effectiveness, and the ordinance specifically indicates the target, place, content, and means of discriminatory acts prohibited, and "Recommendation" The “instructions” will be valid for 6 months, and before the “publication”, the opinions of experts will be heard.

In city council, incidental resolution was attached to examine necessary measures for citizens who are not subject to the ordinance, due to unfair discriminatory behavior, if significant human rights violations are recognized.

Following the establishment, Mayor Norihiko Fukuda said, “By the time it was voted, there were obstructions both in the parliament and in the administration, but we were able to overcome it and discuss it with Shinshu. "Said.

After that, he stated his future policy, “I would like to make a guideline for interpretation within the fiscal year so that the application standards do not change depending on how they are perceived, and the jury will promote the selection of fair-neutral experts”.

The regulations of Kawasaki City will be fully enforced on July 1 next year.

Target discriminatory behavior

This is the contents of Kawasaki City's ordinance that prohibits discriminatory actions such as hate speech that was made on the 12th.

The ordinance prohibits “discriminatory behavior against people from other countries and regions and their descendants” in public places such as roads and parks in the city.

There are three specific contents.
▽ The first is the act of “inciting / notifying the retreat from the area where you live”.

▽ The second is an act of "inciting / notifying that life, body, freedom, honor, or property is harmed".

▽ The third is an act of “insulting remarkably, like being compared to something other than a person”.

As specific means, "use of loudspeakers", "postings such as signs and placards", "distribution of leaflets and pamphlets" were specified.

When we violate this, the mayor "recommends" that you must not perform these acts for six months, and if there is another violation within the period, we will "order" next.

If the third violation is made within 6 months from the order, the name of the individual, the name of the organization, the address, etc. will be announced, and a fine of 500,000 yen or less will be imposed for criminal charges. The

In consideration of freedom of expression, before the “Recommendations”, “Orders”, and “Publication”, there is a flow of hearing opinions from the expert review committee.

However, if the urgency of a “recommendation” or “order” is high, it is not always necessary, and it aims to prevent both arbitrary judgment and ensure effectiveness.

Korean III in Japan who appealed for damage "I want to expect deterrence effect"

Following the establishment of the ordinance, Iko Sabae and others of Korean III who lived in Kawasaki City and appealed for the damage of hate speech held a conference and talked about joy.

Mr. Tsuji said, “I've had a hard time listening to the words“ Korean people should leave Japan ”and that the passage of the ordinance seems to have been declared that Kawasaki City will protect us. Said.

On top of that, “Due to the ordinance, it does not mean that discrimination will soon disappear. I think it will be effective from now on, but after the city has announced the draft of the ordinance, there will be no harassment calls to the workplace. I already feel the influence.I want to expect the deterrent effect. "

In addition, Mr. Ishibi of Korean II, who lived in Kawasaki City for 50 years and requested the city council, said, “I have lived and lived calmly in the area for many years, but now I have a hate speech. There is no reason to be discriminated, and I want to thank the children for enacting the ordinance because they don't want to make that happen. "

Expert "Needs guidelines for specific procedures"

Following the establishment of the ordinance, Yasuko Shioka, who is familiar with the issue of hate speech, said, “After the establishment of the hate speech resolution law, hate speech will not disappear, and Kawasaki City will be the first nation in the country to establish an effective ordinance with criminal penalties. It has great significance to be established. "

On the other hand, regarding the content, “It is balanced with freedom of expression, such as being restricted only when intentionally discriminatory behavior is repeated, but for future operations, information on hate speech from the citizens. It is necessary to establish guidelines for specific procedures, such as how to accept the offer and cooperation with the police and prosecutors. "