Japanese journalist Shiori Ito, who directed an Academy Award-nominated documentary detailing her own sexual assault, is facing further pain from theaters in her homeland that are refusing to screen her film due to legal concerns.
Ito's former lawyer and others who represented her in the high-profile case have said the 35-year-old broke a pledge to protect sources by using unauthorized security footage and audio in her film "Black Box Diaries" -- criticizing her for not getting approval from the parties involved to use the content.
In direct conflict with lawyer Yoko Nishihiro, Ito contends that including security footage of her being dragged into a hotel by her assailant in the film about her rape and its aftermath speaks to the public interest, outweighing other concerns.
She also insists audio recordings in the film of a police detective who spoke frankly with Ito about her criminal case's poor prospects of success, had been altered to protect privacy.
The film is a documentary based on Ito's investigative reporting that examines her 2015 rape allegedly perpetrated by Noriyuki Yamaguchi, the then Washington Bureau chief of television station Tokyo Broadcasting System Inc, commonly known as TBS.
It documents the process of Ito investigating and prosecuting the case against Yamaguchi, depicting what happened to her as a "conspiracy" and even a "cover-up" that stunned the nation as she became the symbol of Japan's #MeToo movement.
According to the production company, the film has won 18 awards, since its world premiere at the Sundance Film Festival in the United States in January 2024. On Jan 23 this year, Ito became the first Japanese director to be nominated for an Academy Award for Best Documentary Feature Film.
The controversial security footage comes from a scene in the film showing an inebriated Ito being dragged from a taxi into the hotel by the former TBS reporter.
In October 2024, Nishihiro and others held a press conference in which they state that Ito's unauthorized use of the security footage, submitted by the hotel as a court document for her civil lawsuit, violated a pledge to not use it for any purpose other than the trial.
They also took issue with the use of audio of the detective who told Ito about the investigation process and video of a taxi driver who provided testimony -- both included in the film without their consent -- saying it is a problem from the standpoint of protecting the sources.
Ito countered, saying, "The (surveillance) footage was part of court documents that were not restricted for viewing. Moreover, I did not use it as is in the film but altered it (to show nothing) except for my own body movements."
She explained that showing the surveillance footage in the film was warranted to provide contrast to a leaked video showing her leaving the hotel the following morning.
"I was libeled by video of me only leaving the hotel being leaked to the public, so I had to release the video of me being taken in as well. I wanted to show that a crime had been committed in this way and that it had gone unpunished."
The incident occurred in April 2015 when Ito had dinner with Yamaguchi, who had promised to help her get a job. She filed a complaint with police, saying she had been sexually assaulted by Yamaguchi in a hotel room after losing consciousness.
The detective in charge of Ito's case explained to her that he had obtained an arrest warrant for Yamaguchi on a "quasi-rape" charge but was unable to execute it.
Ultimately, the Tokyo District Public Prosecutors Office decided not to prosecute Yamaguchi, a TBS reporter at the time with influential friends, including then Prime Minister Shinzo Abe, on insufficient grounds.
"The detective cooperated with me and spoke to me as a journalist," Ito said, adding, "I would hope the debate is from the perspective of public interest in crime prevention."
However, as a lawyer, Nishihiro says that the use of the surveillance footage cannot go without comment because it constitutes a breach of a promise. Using the materials without permission discourages other victims in lawsuits of sexual assaults from coming forward in cases where evidence is hard to come by, she said.
"There will be no one to provide information or testify in the cases of sexual assaults, which is difficult to prove," Nishihiro said, adding that the problem of getting approval from sources to use such materials should be resolved before releasing it to the public.
Nishihiro's representative, lawyer Katsuhiko Tsukuda, suggests releasing the video footage will not eliminate sexual assaults, saying, "On the contrary, it will destroy the possibility of remedying the harm. There is no public benefit."
"For the film to be released in Japan, it should be edited so that it does not use footage from the hotel and does not include audio of the police officer," Tsukuda added.
However, Hiroyoshi Sunakawa, a professor of media theory at Rikkyo University, said unauthorized use of images is "permissible in the pursuit of the truth" in some cases.
"In the case of sexual violence occurring behind closed doors, I think this may be the case," he said.
"The role of journalism is to raise awareness about social issues to the world," Sunakawa added. He expressed concern that if the film is not released in Japan, "it probably will only make the perpetrators (of sexual assaults) happy."
There are no plans thus far to screen the film in Japan.
"Freedom of expression is also important for the recipients of information," Sunakawa said. "What Ms Ito wanted to appeal to is how sexual violence hurts people, and how difficult it is to bring it to the public's attention."
In September 2017, Ito filed a civil lawsuit against Yamaguchi seeking compensation for damages. Both the first and second trial courts found there had been sexual intercourse without consent, and the Supreme Court upheld and finalized the ruling in July 2022.
In October 2017, Ito published a book titled "Black Box" in which she recounts the experience of her sexual trauma.
In a recent interview with Kyodo News, Ito spoke about the reasons behind producing, writing and directing the film, which she began working on from the time of the incident.
"I faced the trauma of being subjected to sexual violence, exposed myself, and expressed the world as seen through the eyes of a victim," she said. "I produced this film with determination, convinced that it is both of a public nature and in the public interest."
"What I wanted to convey was not the sexual assault itself, but what happened afterward. I feel that the situation in which it cannot be shown in Japan at this time is a part of what the film is about."
She explained that when the police would not act on her behalf and she was told to "give up," and when the accused was not arrested, "I was afraid that I would be swallowed up by a great, invisible force." But in some respects, her proactive work of documenting the case helped her to preserve her sense of self, she added.
As a victim, she wanted to know the truth, understanding that what happened to her could happen to anyone. The work, she said, was centered on this sincere feeling. By 2022, Ito had shot some 400 hours of film. Editing was difficult.
"I had to put everything on the table, including things I didn't want to see, and be objective about it," she said.
However, with the film now gaining exposure to viewers abroad, she said, "It isn't just my story anymore. I was happy to see that it has the power to encourage others. People in Japan are who I really want to see it the most. It is natural that there will be criticism and debate, but I want people to see it first."
© KYODO
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Newgirlintown
They’re still trying to silence this woman.
Asiaman7
This is a film that should be seen. And that security footage of Ito being dragged out of the taxi and into the Sheridan Miyako Hotel by Yamaguchi is very compelling! Moreover, the taxi driver and hotel doorman corroborated her account!
I'veSeenFootage
How about letting that dumb detail go and spending more time criticizing... the man who raped her.
Asiaman7
The detective’s comments were very enlightening.
Viewers may be shocked to learn that four police who had been sent to Narita Airport to arrest Yamaguchi after his arrival were ordered to stand down outside the airport at the last minute by the Tokyo police chief, who afterward was promoted to lead the National Police Agency.
The film gives a good glimpse of powerful people in Japan’s government and security protecting powerful people in the media at the likely expense of a regular citizen.
Tamarama
Japanese institutional patriarchal corruption and manipulation of the law to protect 'the boys'.
That's what they don't want stopped, or uncovered.
Go Shiori San - kick 'em hard.
CAPTAIN
I sympathize with this woman. But she should not have violated her pledge. That's a big no no im Japan, especially to those who helped you. Unlike other countries, a lot of agreements are not actually written down and the honor system of keeping your word is still important. She should've listened to her lawyer, at the very least he is the one guy we all know is on her side.
BigP
I sympathize with the victim but she does seem to have made a career out of it, to the point that she is now being looked on negatively.
Yubaru
If she is just interested in getting her message out, put it out on YouTube or other streaming services.
I have a feeling there is a monetary motive behind all this as well, hidden under the guise of the crime.
Yubaru
"Quasi rape"? What the hell is that? And no reason for why he was unable to execute the warrant? Sounds like more coverup and BS.
obladi
I would expect that, after the Nakai-Fuji TV scandal (and others), the film industry will be more courageous.
virusrex
People trying hard to stop the film from being shown have probably never heard about the Streisand effect. I have heard people that became interested in the film and the whole story precisely because it has such a difficult time getting a space to be shown in public.
It would be natural to think that, for her, calling attention to the crimes she was subjected is more important that being looked on positively.
KazukoHarmony
@CAPTAIN
I can understand a local hotel manager not wanting the public to know that his accommodation was the site of a crime, but the greater good of the public supersedes by helping to publicize and eliminate crimes like this.
And I’m certain Sheraton’s global HQ in New York and its parent, Marriott International, would agree. They don’t want this garbage happening at their hotels.
Hopefully, the local Sheraton manager, who stopped the doorman from phoning the police and reporting this incident on the night of the alleged rape, has been made redundant.
GuruMick
In Australian defamation law, truth is a defence for naming people and events.
Obviously not in Japan
kurisupisu
Truth and the expression of such truth is not always the first consideration in Japan it seems
diobrando
I definitely want to see the documentary but here again, pressures to shut her mouth is everywhere. Streaming will be the solution and impact could be stronger, just a question of time. Fight Mrs Ito!
Sh1mon M4sada
In this case, moral trumps any legal persuit. I wish them all the best in their fight to bring the rapist to justice.
owzer
Disgusting. I wonder if she could sell it to a streaming service and have it viewed that way.
purple_depressed_bacon
Japan should be ashamed of itself for refusing to release Black Box Diaries in their local cinemas. Not only is the reluctance to screen the documentary extremely telling but the fact that it's been nominated for an Oscar and there's been no? coverage or congratulations for this honour is another very telling sign of them attempting to pretend Ms. Ito and her case doesn't exist. Not that it's going to work; the documentary has already made its rounds at popular and notable film festivals around the world last year, and did I mention it's been nominated for an Oscar? That alone is going to get the documentary a ton of media coverage. The international spotlight is shining very brightly on this case and Japan had better buck up and get ready to eat crow when they can no longer stick their heads in the sand.
She's only being "looked on negatively" in Japan. Elsewhere, she's being hailed a hero for taking a stand, reporting the heinous crime, and taking the perpetrator to court. She was also already a journalist before all this happened and she decided to report on her own story because no other Japanese media outlets, newspapers, or journalists had the guts to do so. Even her family wanted her to keep mum and there's a gut-wrenching scene of her on the phone to her parents about this. In end, she chose justice. Her high-profile case will hopefully give women in similar situations in Japan the courage to come forward and put their perpetrators behind bars.
dbsaiya
Only two things that I can get out of this. The first is don't drink to the point that you lose good judgment or worse, black out. Second, if she was your daughter, what would you do?
Alan Harrison
Japanese law at it's best - yet again.
Desert Tortoise
If the restriction is not specifically stipulated in a court order signed by a judge then there is no restriction.
browny1
dbsaiya - point re drinking too much - she claims she was drugged.
Others have reported similar suspicions.
And re the Academy Awards.
Japan loves to see it's artists/creators represented on the world stage.
The recent "Drive my car" and a while back "Departures" were fanatically celebrated here for their Oscar wins - as they should have been - excellent movies.
And all of the accolades on Ghibli anime were deserved and celebrated.
So this time round - with an Academy award nomination for Black Box Diaries - the silence is deafening.
Regardless of whether it's shown here or not - the media should have picked up the story in a Big Way - both the movie itself and the fame it's enjoying overseas. That would not have compromised any so called "legal" questions.
But no.
Can only be too pressured or too scared to act. Who has that power?
A real shame all round.
girl_in_tokyo
dbsaiyaToday 08:51 am JST
She didn't drink until blacking out. He drugged her drink.
Honestly? I would have tracked that guy down myself. He'd be damn sorry when I did.
Chikatilo
They sound more like the lawyers for the culprit than her lawyers.
The hotel, taxi driver and police officer feel the complicity as well for their tacit acceptance that a crime was committed / allowed to go unpunished under their eyes. They should have no rights for privacy.
A crime was committed and justice obstructed, ALL THE WORLD SHOULD BE ALLOWED to know ALL about it without protecting ANYONE.
Funny how J-police is hell bent and relentless in pursuing petty crime, or illegal aliens or CEO's accused by their firms of overpaying themselves yet get all flimsy and clumsy when dealing with sexual assault.
Truth does not need to be constrained by a pledge. This is what happened and everyone involved, directly or indirectly has to deal with it. Maybe hotels need to stop accepting people dragging other people into hotel rooms. Maybe taxi drivers need to deny service as well. Maybe it should be a red flag when a woman is wasted and the man is not. Maybe a police force should know better than just be a fasade and actually protect the victims, maybe society needs to be intolerant and uncaring towards culprits and not towards victims.
(granted with Japanese justice, innocence is not assumed but needs to be proven, so that hurdle still exists, so everybody needs to be very careful not to be guilty by being at the wrong pace wrong time, but that is not the point here, this is talking when guilt is clear).
Show the damn thing everywhere. Let those that need to and have to be ashamed, be ashamed.
Meiyouwenti
What’s at issue is how evidence submitted to court should be used outside court. Ms Itoh could have consulted with her former lawyer before releasing it in her film,
Chikatilo
MeiyouwentiToday 10:25 am JST
I have no real knowledge here. So, inm Japan, isn't all court evidence considered public domain? Unless there is an NDA, I would believe all court evidence enters the public domain (in some way or another), so journalist and the public can openly request it, or it is released. I would like to think.
Tony W.
The arguments against her using the hotel security video evidence of her being dragged into to the hotel are fragile at best. That very action by the perpretator would accentuate the effect on audiences of the brutality of that sort of crime.
Dale Spenser
The documentary can be seen on Amazon Prime Video if you have a U.S. account and use a VPN.
stormcrow
“The truth shall set you free.”
John 8:32
Sanjinosebleed
Disappointed but not surprised…
garypen
You forgot "Three, don't rape anyone".
Actually, that should be #1.
CaptDingleheimer
Just shameful.
Speed
Anytime the word "Abe" is mentioned, nothing good comes out of it. Once again, he was involved in another cover-up.
dmhondz
Nothing will come out of this. Look at that Johnnys case that went on for years that the pedo died of old age before being persecuted. Or that ex-politician that raped a 12yr old in a karaoke box that got away with a suspended sentence after he apologize and settled with the victims family. How about that ex-SMAP guy who paid the victim 90million Yen that it went under the rug only until it was exposed by some tabloid reporter.
Roten
I think there is a simple way around this if Ito could fund a re-enactment of the dragging from the taxi into the hotel scene and re-enactments of the interviews in question. Then, a note in the Japanese release of the film that these events actually happened but because of Japanese domestic societial restrictions, the Japanese release contains re-enactments only for the dragging and interviews, but that they are true to the actual footage.
Newgirlintown
Funny how Shinzo Abe ordered the arrest warrant for Yamaguchi be withdrawn two weeks before a book about him written by Yamaguchi was due to be released.
iknowall
Where's the legal hurdle? I did not see any mention if injunction in the article.
kohakuebisu
Two stories here, the first is the drug rape of Ito and the second is very powerful people closing ranks to defend the perp. This second story obstructed justice in the first story.
This begs the question of what was so special about the perp to Abe or some Abe lackey. Given the Abe scandal/fiasco with that right wing school in Osaka on public land, maybe it just is the "biographer" angle and such people's complete impunity to the law. Why did the state (Abe didn't do this alone) go this far to protect the perp, especially given that the victim was herself a journalist unlikely to go quietly?
It is likely that women trafficked to Epstein Island were raped by powerful people with government protection. So this isn't just a Japan thing. We still haven't been told who went there.
masterblaster
I can understand the criticism for the information on the taxi driver. She should have his permission. He probably fears retribution.
As for the video, she has every right to include it. I think she was too generous.
She should have showed it in its entirety.
There are TV shows in Japan that show videos from all around the world. Sometimes there is a crime shown in the video. Her video is the same.
Where's the criminal charges?
virusrex
It is mentioned explicitly:
"For the film to be released in Japan, it should be edited so that it does not use footage from the hotel and does not include audio of the police officer," Tsukuda added.
This is the legal argument Nishihiro is using to stop the film from being shown. If you can prove this is not a valid legal hurdle you can get in contact with Ito and give her the arguments.
Kazuaki Shimazaki
@Desert TortoiseToday 08:58 am JST
That's actually wrong. If we accept the premise that such a pledge was made in exchange for receiving information, even verbally, then there is a contract involved - and Ito broke the terms. This is what the lawyer is pointing out.
tamanegi
It also makes you wonder what sex fiend Masahiro Nakai and his debaucherous cohorts have been getting up to for years. Luring and entrapping unsuspecting young women into heinous sexual assault encounters behind closed doors and then paying them to keep quiet.
ian
If there's a legal issue of course the theatres won't be inclined to show the movie
Simon Foston
If there is anything suspect or shady about any of this those words explain it all.
Aoi Azuuri
It's nothing but abuse of power that suddenly and reasonlessly canceled arrest against biographor of the then PM.
Besides, government has even promoted its responsible person as rewards despite injustice.