IN JAPAN posting “online insults” will be punishable by up to one year imprisonment from Thursday, July 7, 2022.
Initially, the penalty was less than 30 days in prison with a fine of up to 10,000 yen ($75). From Thursday persons convicted of online insults can be billed up to 300,000 yen (just over $2,200).
A Japanese criminal lawyer, Seiho Cho, told CNN after the law was passed that there are no clear definitions of what constitutes online insult.
The law defines an insult as ‘demeaning someone without a specific fact about them’, as opposed to defamation.
“At the moment, even if someone calls the leader of Japan an idiot, then maybe under the revised law that could be classed as an insult,” Cho said.
The policy will be scrutinized and evaluated in three years to check if it affects ‘freedom of expression’, an issue raised by critics.
Advocates said the policy would reduce cyberbullying among online users in the country.
Japanese officials launched a war on cyberbullying after the suicide of Hana Kimura, a 22-year-old reality TV star who experienced online abuse.
Her mother amplified the anti-cyberbullying policies after her death.
At a press conference on Tuesday Justice Minister Yoshihisa Furukawa said introducing tougher penalties is vital as “it demonstrates the legal assessment that (cyberbullying) is a crime that should be severely dealt with, and acts as a deterrent.”
Furukawa argued that the measure would not lead to “an unjustified restriction on freedom of expression”.
Research reveals that there is a relationship between suicidal behaviours and cyberbullying.
The United Kingdom also criminalises “grossly offensive” public messages, and Twitter users have been arrested and fined for tweets.
However, courts determine what counts as “grossly” offensive on a case-by-case basis, as the context of its policies are vague.
