Japan’s parliament on Monday passed legislation that punishes “online insults” with imprisonment, amid growing public concern over the cyberbullyingtriggered by the suicide of a reality TV star who faced abuse on social media.
Under the amendment to the country’s penal code — which will take effect in the coming months — offenders convicted of online insults can be jailed for up to a year or fined 300,000 yen.
This is a significant increase over existing punishments of detention for less than 30 days and a fine of up to 10,000 yen (R$380).
The bill has proved controversial in the country, with opponents arguing that it could impede free speech and criticize those in power. However, advocates said tougher legislation was needed to clamp down on the cyberbullying and online harassment.
It was only passed after a clause was added ordering the law to be re-examined three years after it took effect to assess its impact on freedom of expression.
Under Japan’s penal code, insults are defined as publicly demeaning someone’s social standing without referring to specific facts about them or a specific action, according to a Ministry of Justice spokesperson. Crime is different from defamation, defined as publicly demeaning someone by pointing out specific facts.
Both are punishable under the law.
Seiho Cho, a criminal lawyer who lives in Japan, warned that the revised law does not classify what constitutes an insult.
“There needs to be a guideline that makes a distinction about what qualifies as an insult,” Cho said. “For example, at the moment, even if someone calls the leader of Japan an idiot, maybe under the revised law that could be classified as an insult.”
Death of Hana Kimura
The issue of online harassment has gained prominence in recent years, with increasing calls for anti-bullying laws.cyberbullying after the death of the professional wrestler and star of reality show Hana Kimura.
Kimura, 22, who was known for her role on the Netflix show “Terrace House”, died by suicide in 2020. The news has sparked sadness and shock across the country, with many pointing to the online abuse she has received from users. of social media in the months before her death.
Other cast members shared their own experiences of abuse online.

Shortly after his death, senior Japanese officials addressed the danger of cyberbullying and promised to accelerate government discussions on relevant legislation.
Kimura’s mother, former professional wrestler Kyoko Kimura, campaigned for stricter anti-cyberbullying laws after her daughter’s death and created a non-profit called “Remember Hana” to raise awareness of the problem. cyberbullying.
Kyoko held a press conference after parliament announced its decision on Monday, praising the new law.
“I want people to know that the cyberbullying it’s a crime,” she said, adding that she hoped the amendment would lead to more detailed legislation.
Source: CNN Brasil

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