Japan's parliament passed legislation making "online insults" punishable by imprisonment on Monday, following the suicide of a reality show star who had experienced social media harassment that shocked the nation.
Offenders guilty of online insults could face a year in prison or a fine of 300,000 yen (about $2,200) under an amendment to the country's penal code slated to take effect later this summer, according to a CNN report.
The bill sparked debate in the country, with opponents claiming it would suppress free expression and political criticism. Supporters, on the other hand, argued that harsher regulation was required to combat bullying and harassment on the internet.
It was only enacted after a provision was introduced requiring a three-year review of the law's impact on freedom of expression.
According to a representative for the Ministry of Justice, insults are defined as publicly degrading someone's stature without referring to specific facts about them or a specific action. Defamation, meanwhile, is defined as openly slandering someone while referring to particular facts. Under Japan's penal code, both of these actions are punishable.
Increased Punishment
At the moment, insults carry a sentence of fewer than 30 days in prison or a fine of fewer than 10,000 yen. The proposed revisions would impose a one-year jail sentence and a fine of up to 300,000 yen.
In addition, the statute of limitations for insults will be increased from one to three years. The reforms will take effect 20 days after they are signed into law.
The legislation does not specify to what extent an insult may be considered punishable.
Kyodo News reported two men were fined 9,000 yen each in Osaka and Fukui prefectures for slurs made against TV personality Kimura before her demise, but other people complained that the fines were too little, prompting the campaign for legal revisions.
At the House of Councilors plenary session on Monday, a proposal to combine two types of incarceration - with and without forced work - into a single penalty was approved.
Inmates will no longer be required to do prison work, giving more time for rehabilitative counseling and education to minimize recidivism.
The unified imprisonment law will go into force three years after it is passed. As per a Japan Times article, it is the first time since the Penal Code was enacted in 1907 that this form of punishment has been modified.
Hana Kimura's Mother Welcomes New Law
After the murder of professional wrestler and reality television star Hana Kimura, the subject of online harassment has gained traction in recent years, with increased calls for anti-cyberbullying legislation.
Kimura, a 22-year-old actress, best known for her performance in the Netflix series "Terrace House," committed suicide in 2020. Many pointed to Online insults she had received from social media users in the months leading up to her death as a source of grief and shock.
Kimura's mother, former professional wrestler Kyoko Kimura, pushed for stricter anti-cyberbullying laws and founded the non-profit "Remember Hana" to spread awareness about cyberbullying.
Following the announcement of the parliament's decision, Kyoko held a press conference to laud the new law with the hope that the amendment would result in more specific legislation.
"I want people to know that cyberbullying is a crime," she said.
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