Back to Index of Limits on Freedom of Expression

The Constitution of Japan guarantees freedom of expression and the Supreme Court has stated that freedom of expression is particularly important in a democratic nation such as Japan.  However, this freedom may be restricted for the sake of public welfare to a reasonable and unavoidably necessary extent. 

The issue of interrupting general public speech has not yet been discussed in Japan, but disrupting campaign speeches is a criminal offense.   

There is no mechanism to specifically control broadcasters working on behalf of foreign governments. All broadcasters are required by the Broadcasting Act to be politically fair and not distort the facts.

I. Protection of Freedom of Speech

The Constitution of Japan guarantees freedom of assembly and association as well as freedom of speech, the press, and all other forms of expression.[1]  Freedom of expression relating to public matters is regarded “as a particularly important constitutional right in a democratic nation” because it is critical to form a majority opinion of the constituents.[2]  However, the Constitution also states that people “shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.”[3] 

While constitutionally protected, the Supreme Court has repeatedly stated that freedom of expression has limits and may be restricted.  For example, the Court explained in dicta as follows:

[F]reedom of expression under Article 21, paragraph (1) of the Constitution is not guaranteed without restriction but it may be restricted for the sake of public welfare to a reasonable and unavoidably necessary extent. Whether or not a restriction on a particular type of freedom is acceptable within such extent should be determined by comparing various factors including the degree of necessity to restrict the freedom, the content and nature of the freedom to be restricted, and the manner and level of the specific restriction imposed on the freedom.[4]

There are criminal provisions that punish acts of expression that harm another, such as defamation, insult, and intimidation.[5]  In addition, if an expression constitutes a tort, civil remedies are available.[6]

Other than interruptions of political campaign speeches, the interruption of public speech has not become an issue in Japan.  The interruption of political campaign speeches is prohibited by the Public Office Election Act and is punishable by imprisonment for not more than four years or a fine of not more than one million yen (approximately US$9,000).[7]  In 1948, the Supreme Court stated that, even if the campaign speech continued after the disruption, the person who disrupted the speech by heckling and arguing with and hitting a campaign staffer could be punished.[8]  The Court also stated that actions to make it impossible or difficult for other members of the audience to hear a speech could constitute actionable disruption of a campaign speech.[9] 

When Prime Minister Shinzo Abe’s campaign speech on behalf of a candidate in the Tokyo metropolitan government election was greatly interrupted by a group of people in July 2017, the problem of interruption of campaign speeches by heckling gained people’s attention.[10]  At the following election campaign for the House of Representatives in October 2018, some attendees of a campaign speech voluntarily started to scold hecklers.[11]  Some observers claim that hecklers infringe other attendees’ right to know.[12]

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II. Foreign Broadcasters Control

There is no mechanism to specifically control foreign broadcasters working on behalf of foreign governments.  However, when any broadcaster edits a domestic or domestic and international broadcast program, it must comply with the following:

• The program must not negatively influence public safety or good morals;
• The program must be politically fair;
• Reporting must not distort the facts; and
• The program must clarify the points at issue from as many angles as possible where there are conflicting opinions concerning an issue.[13]

Under the Radio Act, when a broadcaster who is a licensee of a radio station has violated the Radio Act or the Broadcast Act, the Minister of Internal Affairs and Communications may order suspension of operations of the radio station for a specified period not exceeding three months or impose a limitation on the permitted operating hours, frequencies, or antenna power for a specified period.[14]

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Prepared by Sayuri Umeda
Senior Foreign Law Specialist
June 2019

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Last Updated: 12/30/2020