Kyoto court rules anti-Korean hate speech illegal

I don't know about the hate speech aspect, but we definitely have disturbing the peace and harassment here, and probably other violations as well. I would rather not approach the slippery slope of hate speech. Note that the judge said posting the videos on the internet was illegal. Such curbs on freedom of speech are unnecessary and not even helpful.

This is a step in the right direction. Now let's see South Korea follow suit since they're suppose to be a democratic nation. China is the one that really needs this but what can you expect from a dictatorship that controls all demonstrations.

Good to hear.

Free speech should be protected, so long as those wishing to exercise this right don't violate the rights of others not to feel threatened and intimidated. Especially so if it is a group of adults versus school children.

Japanese courts do function once in a while. I feel a good wind blowing.

Simmering racism has escalated through Internet chats and online messages boards among the so-called “netouyo,” or ultra-right on the net. Japan’s slow economy is also considered a factor. Hate speech rallies seem to get support from relatively low-income young Japanese who feel frustrated and angry, said Yuriko Hara, head of the Japan branch of IMDAR, an international human rights group.

That is interesting.

Not dissimilar to hate groups in parts of Europe as well as USA being actively supported by poorly educated, socioeconomically disadvantaged youths who blame their plight on immigrants and minority groups.

Credit to them for not actually (so far as I know) carrying out acts of violence though, unlike those other hate groups.

hundreds of Zaitokukai members and supporters have called Koreans “cockroaches,” shouted “Kill Koreans” and threatened to “throw them into the sea.”

I'm a pretty strong believer in freedom of speech, but this crosses the line to incitement to violence.

'Kill Koreans' and 'throw them into the sea' is inciting violence which shouldn't be accepted and as already pointed out, neither should harassing children at school. A step in the right direction. Anti-discrimination legislation ensuring equal rights would send out a more powerful message than Abe's 'regrettable'.

Good. Hopefully this will gather some momentum.

Maybe we can have some legislation on hate speech and discrimination?

Can't help but believe this ruling was ordered from on high with the Olympics coming up. Don't hold your breath waiting for any laws, however, as the dinosaurs in nagatacho will want to keep their options open .

Enacting a ruling is one thing, but enforcing one is an entirely different.

Credit to them for not actually (so far as I know) carrying out acts of violence though, unlike those other hate groups.

Your comparing apples and oranges. What are the levels of immigration in Japan compared to the USA and Europe? Of course there is less racism in Japan, there is a lot less diversity. Do you think it somehow makes racism better in Japan because there is less of it than in Europe and the USA?

Giving credit (your words) to these right wings groups is really a bit off and yes it is 'as far as you know' because it is likely 'as far as the Japanese press chooses to report it.' Please continue to give them credit because one day they might be knocking on your door.

@pochan - Point taken. That was my attempt at being fair. I don't really believe they deserve much credit, but I was just pointing out that while they preach hatred, they haven't yet assaulted anyone.

It took a hateful, verbal assault on children for the Japanese courts to finally set some limits on this type of behavior. Freedom of speech, yes. But there has to line that can't be crossed. Hopefully this will set a future precedent.

Good. These idiots are the bane of Japan.

honestly, freedom of speech is overrated! yes, you have the right to criticize things or people that you don't agree with, but when you incite hatred or violence, then your speech should not be protected. good on this court for recognizing this. but again, most posters will see the negative side.

while they preach hatred, they haven't yet assaulted anyone.

Mitch Cohen: I would have to fully disagree.

As one stark example, their harassment and intimidation of children at the Korean elementary school in Kyoto is assault that inflicted physical and mental distress on the youngsters. And what kind of sociopaths would direct hate speech toward elementary school children. Shameless.

Anyway, speech in the form of harassment/intimidation is not considered protected free speech. So, kudos to the Japanese courts and to lawmakers like Yoshifu Arita for realizing this in their resolve toward making Japan a better place for all of its residents and visitors.

I saw the mentioned video on youtube a while ago and it was a vicious and cowardly demonstration by a right wing racist group led by sakurai makoto who is likely the most vile and offensive hate monger in Japan. The video showed a lynch mob kicking the school fences demanding to be let in the compound saying they will teach the little cockroaches a lesson or two that subhuman children deserved. These gutless bastards picking on little children kept on shouting racially derogatory comments trying to scare and humiliate everyone inside the school. The video was shocking to watch and made me feel furious and sad at the same time. I am glad to hear the group is being penalized but it's only slap in the hand, criminal charges should filed soon and they should be doing some time in a cold cell thinking how indecent and inhumanely they actually were against defenseless children.

Mitch Cohen: I would have to fully disagree.

As one stark example, their harassment and intimidation of children at the Korean elementary school in Kyoto is assault that inflicted physical and mental distress on the youngsters. And what kind of sociopaths would direct hate speech toward elementary school children. Shameless.

Okay I retract my comment. My comparison of the Zaitokukai with other race hate groups that commit murder was off the mark.

Abe called the groups activities as "regrettable". So exactly what does he mean by that?

Why can't a leader of a civilized nation simply come out and condemn these groups' activities and say there is no place for that in our society?

Regrettable is when you chose the wrong restaurant on a Friday night in an outing with your SO. Its even weaker when he meant it in Japanese.

Good work the courts. As for these groups protesting outside schools and intimidating the schoolchildren - shameful, disgusting, and I'd like to see the law enacted next time these scumbags try the same thing.

Japanese and Koreans are the same race so the "racial discrimination" verdict doesn't make much sense.

People have the right to express their opinion, but they do not have the right to cause a disturbance, incite violence or cause large areas of central Tokyo to be shut down. Why can't the fascists hold their marches in the countryside or on their own property, where nobody else has to be bothered by them?

Good. Now let's hope they enforce it to boot.

I have to say, Japanese have a wonderfully arbitrary way of dealing with things that annoy them. They had a number of options open to dealing with the Zaitokukai, and it was just a question of whether someone would lay down the law in a civil, or criminal court. The people who argued that it wasn't necessary to pass a new law banning hate speech -- because something else to discourage the Zaitokukai would kick in first -- were correct in their assessment. Now other branches of the police and judiciary have been given the green light to jump on board. The vague but nonetheless effective principle that has been upheld is a simple one: anyone who upsets the "Wa" in Japanese society will eventually be forced to a screeching halt by the powers that be.

Japan has a long way to go, there are separate rules police must follow for foreigners and Japanese in dealings with them in Japan, until things at an official level are changed nothing will get changed.

Good job, imagine these guys in their black vans during olympics... that will put shame upon the Japanese people. We are so cultured and civilised, where do these people come from anyway?

So...no freedom of speech?

why does change in Japan always have to come from outside pressure/influence?

Because the change will be merely tatemae aimed at looking better to the outsiders but don' worry there won't actually be any real punitive measures or real laws with teeth.

Japan, slowly but surely is changing!! This is a victory not only for the ethnic Korean minority here in Japan but all of us!! It's way too easy to say, I'm white and can not be bothered about racism and discrimination aimed at Koreans and Chinese but if you stay in Japan long enough you will see that also white people get discriminated against. Blacks and darker Asians?? No body is perfect and the Japanese know this and I'm very happy to know there are good Japanese who will stand up against the crazy racists in this country and we must do the same in our own countries! Not allow our people to be rude, arrogant etc..to Japanese, other Asians etc.. we all need to slow down and take a deep breath, we are all from the same family, the HUMAN family so let's start appreciating our differences instead of trying to tear down anybody who is different from us!! NMRK!!

He said the rallies “constitute racial discrimination” defined under the United Nations’ convention on the elimination of racial discrimination, which Japan has ratified.

when did this happen?? i cant be the only one surprised by this. unless by "ratified" they mean "ignored".

sengoku38OCT. 08, 2013 - 11:41AM JST So...no freedom of speech?

It's an inanity to suggest that "freedom of speech" means you're allowed to say whatever the hell you want. Any "freedom" only exists as far as impeding upon the "freedoms" of others. "Freedom of speech" absolutely does NOT mean that you are free to racially vilify and abuse others.

highball7Oct. 08, 2013 - 10:26AM JST

Abe called the groups activities as "regrettable". So exactly what does he mean by that?

Why can't a leader of a civilized nation simply come out and condemn these groups' activities and say there is no place for that in our society?

Do you know separation of powers? The chief of executive branch is not supposed to comment on the decision of judicial branch. Zaitokukai is likely to appeal to the high court. So, PM should not actively comment on the case. This is how a civilized nation works.

It saddens me to see so many act like this is some new problem that needs new solutions. Those new solution will only erode our freedoms.

There is nothing new here. And so we don't need new solutions.

They caused a public disturbance. That is already illegal. They harassed school children. Illegal. They shouted to throw them into the sea and kill koreans. Incitement of violence. Illegal. They shouted that Koreans were cockroaches. That is the only part that we would need hate speech crackdowns to end, but is that worth losing freedom over? Heck no. Making insults illegal is a fool's concept.

In fact, these people should have done jail time for all their illegal acts. Instead all that is happening is that hate speech concepts are being used to take money from them, and that is all. So while these people should have seen jail for breaking laws already on the books, most of you are cheering that they got off with a pay-out for this new fangled hate speech concept.

This is too funny. The racist Zaikokukai now have to pay lawsuit money to North Korean school that preach North Korean tyrannical cult figures.

The issue of Koreans avoiding taxes has been well documented over the past 32 years

Even if this is even remotely true, it still doesn't give anyone call violence and rape against any group.

Who here really believes this will actually go anywhere? They will appeal, and the higher court will strike down the ruling, you will see later.

Free speech should be protected..

But attacking school children on the basis of race... never!

Hate by Nationality is not good. People will be like the skinheads in Russia. Well, I believe, people here are more mature to reach this leve. It will be as like racism and it must be considered against the law. If we hate people, they will hate us. If we love then, then the opposite also happens :)

It's very dangerous to have some bureaucrat or politician regulating speech based on content . A regulation banning protests close to schools would be much better solution.

So...no freedom of speech?

Yes, the freedom to shout, "kill Koreans! and, "throw them into the sea", has been restricted.

And you think that this is a bad thing?

Yes. Voltaire was right when he said "I disagree completely with what you say, but I will defend to the death your right to say it".

"He said the rallies “constitute racial discrimination” defined under the United Nations’ convention on the elimination of racial discrimination, which Japan has ratified."

This. A set of laws are only as good as the courts that uphold them. Japan may be finally realizing it is not so 'unique' and has to play nice like the rest of the democratic fraternity.

Hate speech laws are really hard to call.

I agree this needs to be stopped, with clear penalties for the perpetrators that 1) show the Koreans they are being valued and believed and 2) are stiff enough that this group and others will think twice about repeating.

I liked what others said about incitement to violence laws, harrassment and welfare of children, disturbing the peace etc. I don't know if hate speech is the thing to follow here. HOwever,

The article did seem to be mentioning "kill" and "dump in the ocean" as the hate speech in question, leading me to believe this is not choosing which words are acceptable to use, and more making threatening speech illegal. In which case this isn't an anti-hate speech law as Westerners know it, and more of an anti-intimidation law...?

CH3CHO,

Why are you defending him? When knowing that as a leader of a civilized nation, he took an oath to have the highest moral turpitude to lead Japan in a fair and equal manner. Why can't he, forget that he's THE leader of Japan, that simply as a compassionate HUMAN BEING, say or express more than "regrettable"?

What is he afraid of? Groups that certain posters on this board belong to that will no longer support or contribute to his party or re-election?

What is there to debate about CH3CHO? Other than folks who shows affinity to those particular groups? What does the executive, legislative and justice branch has to do with how Abe should publicly condemn on how deplorable these groups are?

Or Abe can speak on behave as a private citizen, you know, like how he acted as a private citizen on how he wishes to pay respect to the fallen, no matter who at the Shrine. If he can act as a private citizen to pay respect, why can't he "act" as a private citizen to condemn groups (that you seem to not have a problem with) that promote hatred and violence in the vicinity of school children?

@highball7 - IMO it's no big surprise Abe failed to offer any real criticism of the group. He is a staunch nationalist who is the poster boy for many of the nationalist groups including the Zaitokukai.

Yes. Voltaire was right when he said "I disagree completely with what you say, but I will defend to the death your right to say it"

travelling Sales- that tired quote from 300 years ago means zero in this case. I'm sure Voltaire wouldn't condone the harassment of schoolchildren by right-wing psychos.

As others said already, insulting, intimidating or threatening a group - in general a minority - because of its origin, sex, religion, ... as nothing to do with freedom of speech.

For having the name "Open minded", you sure are a conundrum. Insulting speech absolutely needs to be protected. Threats and intimidation? If they are specific and directed, they are already covered under the law. No need for any kind of "hate speech" law at all. Hate is just an emotion, like love or happiness. It shouldn't be part of the law.

It's not just hate speech Vast Right-Wing, the Zaitokukai also used physical force and tried to break into the North Korean school to intimidate and frighten the children inside. This was in 2010. It took three years for the lawsuit to come out with this result. I'm sure the Zaitokukai have already appealed, so it will take another three years for the final verdict of not guilty or a slap on the wrist. So you really need not worry too much for the Zaitokukai, they already got themselves covered well by Japanese law.

As others said already, insulting, intimidating or threatening a group - in general a minority - because of its origin, sex, religion, ... as nothing to do with freedom of speech.

@Open Minded--Yes. It also has nothing to do with hate speech.

David ElsonOCT. 08, 2013 - 02:38PM JST Free speech should be protected..

Err... not when said speech is calling for "Kill Koreans” and threatened to “throw them into the sea.” should indeed be illegal. Some people really seem to be confused as to what freedom of speech actually is.

There are about 500,000 Koreans in Japan - the country's largest ethnic minority group - and many are descendants of forced laborers shipped to Japan during its 1910-1945 colonial rule of Korea. They still face discrimination in education, marriage and jobs.

Japan forced Koreans to come to Japan for work from September 1944 to August 1945 per National Mobilization Act. Most of the workers repatriated to Korea right after the end of WW2. According to a visa status survay by Ministry of Foreign Affairs of Japan in 1959, of the 611,085 Koreans in Japan 245 Koreans were forced to come to Japan. Rest came to Japan on their free will. https://www.sanae.gr.jp/column_details415.html

Technically speaking, the article is not a lie. The period between September 1944 and August 1945 is during 1910-1945 colonial rule. 245 is many because the number is more than 2. But the paragraph is absolutely misleading.

if the constitution says you have a right to free speech then you do. However, I like Korea and I think those rallies outside of the Korean schools are totally inapropriate.

Vast Right-Wing Conspirator:

To be open minded does not mean having no rules. Hate speech is most likely the darkest part of the human being, when cowardly hiding behind the mass to aggress a minority to make it as a scapegoat responsible of all the problems. WWII is definitely a proof of it.

For this reason many countries have sensible laws that condemn hate speech. That does not mean you cannot express your opinion, but not in a discriminatory manner. Attacking a group is not acceptable. Presenting facts against someone is.

Open Minded: I have never advocated "no rules" speech. Please don't put words in my mouth. I also have no problem with condemning hate speech. I agree that it is a sign of cowardice, and also of a weak argument. However, having said that, I can't see a reason for the coercive force of law to be used against it.

I don't want the law to enforce manners or thoughts. I want it to enforce behavior. I don't care if someone says something hateful, or discriminatory, or bigoted, or rude. They can be condemned socially, held up as pariahs, ridiculed, proven wrong.

There is more to speech than presenting facts. Opinions, even odious ones, need protection just as much.

There are already laws enough regarding speech. Copyright violations, corporate/government secret violations, slander, libel, uttering clear and specific threats, all are legitimate restrictions of speech that clearly deal with specific harm. Hate speech laws do not.

I saw the mentioned video on youtube a while ago and it was a vicious and cowardly demonstration by a right wing racist group led by sakurai makoto who is likely the most vile and offensive hate monger in Japan.

Is he that fat XXX who dresses up in this ridiculous old fashion suit and acts like an intellectual?

@CH3CHO

Japan forced Koreans to come to Japan for work from September 1944 to August 1945 per National Mobilization Act. Most of the workers repatriated to Korea right after the end of WW2. According to a visa status survay by Ministry of Foreign Affairs of Japan in 1959, of the 611,085 Koreans in Japan 245 Koreans were forced to come to Japan. Rest came to Japan on their free will.

Yes, the survey conducted by the Korean Residents Union in Japan (Mindan), the rate of Koreans forced to come to Japan between 1910 - 1945 was 13.3%, by the reasons of national mobilization act or drafted as soldiers (0.5%). And since almost all of them were young and not married, they went back to their home in Korea after the war. As the result, the percentage of those Koreans forced to come to Japan, and stayed as they were was 1.5% or so.

http://www.geocities.co.jp/WallStreet/2463/zainiti_raireki.htm

Are these Korean residents wartime immigrants or Japanese citizens? If not, why doesn't the Japanese Government offer them citizenship legally? It's not like they will ever go back to Korea & start anew. The main problem in Japan is that the government never has a "plan" , any plan to do or undo anything. Everything is grey....hoping the problem will go away by itself. Unfortunately it doesn't. Japanese Government should offer them to become legal citizens, offer compensation through tax breaks (if they have even being paying anything) and stop subsidizing them (if they are receiving any). The Koreans in Japan can still be nationalistic on their own right. It seems that they also find this "lukewarm" situation agreeable because it works for them. Although shouting hate speeches outside a school & terrorizing kids is totally inappropriate,both the Japanese government & the Korean Residents are to blame. The government's refusal to do something & letting this problem escalate within Japan as well as the Korean residents that are leeching off the Japanese taxpayers by crying victim whenever it suits them.

I think the courts have this one right, and high time too. Finally, the Japanese courts are beginning to reflect the Japanese majority and understand that some things just aren't right.

Also, it doesn't matter how anybody of Korean (or any gaijin) decent ended up in Japan. This rabble has no right to threaten anybody - and especially children! How low can you go as an adult if you threaten children?

reprehensible not regrettable. Pass it on

Someone confirmed that the actual verdict is slightly different from the nuance of this article. JT maybe used Mainichi Shimbun as the reference.

The court ordered to ban Zaitokukai's activities committing the charge of forcible obstruction of business (obstructing the teaching or school business), or when it falls under the category of defamation, within the area 200m from the Korean school. But it also says this does not mean to restrict their activities or speeches themselves (outside that area maybe). It has not mentioned anything about "hate speech."

In any case, the majority of Japanese think Zaitokukai's activities are rude or senseless, especially for children, and Japan is a country ruled by law after all, not like Korea.

We hope the counter demonstration against Zaitokukai should be cracked down as well. They stir up violence frequently. Yoshifu Arita is involved in such group.

Still not understandable why the compensation money is so high.

In any case, the majority of Japanese think Zaitokukai's activities are rude or senseless, especially for children, and Japan is a country ruled by law after all, not like Korea.

virgo98, show me where masses of Koreans go marching down streets and attacking schools, to protest and shout and call for the indiscriminate mass killings of Japanese people. I assure you, you won't find any stories other than the conservative Japanese media which have been just as guilty as stoking mass hatred through printing false exaggerated stories. Even the Tokyo Shimbun had an article the other day, why the Japanese media is so anti-Korean, admitting that it has everything to do with feelings of national insecurity.

Abe called the groups activities as "regrettable". So exactly what does he mean by that?

In Japan, where it would require an act of God to get someone to actually say "No" about something, calling something "regrettable" is about the most negative adjective you'll hear a politician utter. Apparently, "extreme disapproval" is limited only to hate groups for their targets.

I am happy to hear that "a Japanese court on Monday ordered a group of anti-Korean activists to pay a Korean school in Kyoto 12 million yen. " The people who hate Koreans should read the Japanese history. We are almost like a family. The Japanese and Koreans are so culturally similar. I want to tell the people who hate the Koreans in Japan should think how many Japanse live in the foreign countries (outside of Japan): millions! Maybe your friends or relatives are living in another countries right now. Do you want the people of the foreign countries to hate or mistreat your friends or relatvies? If the Japanese in Japan mistreat the non-Japanese in Japan, the same things would happen to the Japanese in the other countries. I live in the San Francisco Bay area. The Japanese and Korean are happy together here.

Abe even as PM can condemn this group, it has nothing to do with separation of powers c3po...I know most other leaders would do the same thing as it would reflect badly on that country.

With the Olympics a few years away the world will be watching, now is a good time to become more in line with the international community and address this issue.

@chucky3176

virgo98, show me where masses of Koreans go marching down streets and attacking schools, to protest and shout and call for the indiscriminate mass killings of Japanese people. I assure you, you won't find any stories other than the conservative Japanese media which have been just as guilty as stoking mass hatred through printing false exaggerated stories. Even the Tokyo Shimbun had an article the other day, why the Japanese media is so anti-Korean, admitting that it has everything to do with feelings of national insecurity.

I'll show you a good one.

http://www.who-sucks.com/people/the-exciting-world-of-south-korean-protests

Actually, the Wednesday Assembly in front of Japanese Embassy in Seoul is againt the Vienna Convention on Diplomatic Relations. The comfort-women statue is built on the public road illegally, but Korean government does nothing to solve the situation. Korea seems to be a country ruled by emotion, not law.

If such a statue is built on a public road in Japan without permission, whether it is anti-Japan or pro-Japan, it would be removed immediately because it is illegal.

@coconutE3 They are not denied Japanese citizenship, they choose to be Koreans.

@virgo98 - You keep posting that same link, but I don't see any of them harassing Japanese people in Korea.

So as Chucky said, show me where Korean hate-march to harass Japanese people, intimidate Japanese children, and call for mass murder of Koreans.

This ruling means nothing. None of them will get punished even if they were found guilty.

This Korean news article lists several similar examples of Zaitokukai members, in 2009 and 2010, found guilty of similar charges. None of them got any kind of punishment, neither monetary nor jail sentence.

http://news.hankooki.com/lpage/world/201310/h2013100921041722450.htm

If anything, this court ruling will only encourage more haters because they know they don't get any punishment even if they're found guilty.

show me where masses of Koreans go marching down streets and attacking schools, to protest and shout and call for the indiscriminate mass killings of Japanese people.

Where did it happen in Japan, lol Peace loving Koreans 'at work':

http://livedoor.blogimg.jp/netouyonews/imgs/4/0/403af58a.jpg

@tinawatanabe Thank you for the clarification. So I guess my assumption was right. People never change unless they see a need to.

Guys, some people have been trying to sue Zaitokutai over this since 2010. This is practically the first time that "hate speech" has been accepted as the reason for anyone to be sued (rather than simple libel or intimidation, etc). It's historic, as many more lawsuits based on the same reason could follow. Hate speech could actually become outlawed.

I don't think that it has much to do with the Olympics or "outside pressure". It it were, then racism would have been abolished in Japan a long time ago since they signed and ratified the Anti-Racism pact and there have been plenty of pressure before. But it hasn't. Outside pressure won't bring any real changes. Some people have been working hard since the beginning of this year to combat racism, and because of that "hate speech" is now a "buzzword" in the Japanese media. It may still be somewhat superficial, but it's a start. The whole point of the recent "Tokyo March" was to "properly implement and enforce the Anti-Racism pact into the law", which is what may actually be happening right now. I'd say it's definitely making an impact. It's INTERNAL pressure.

A small group of anti-racism grass-roots movement is slowly but definitely infiltrating the media, the politics, the law, people's consciousness, etc.

http://cracjpn.tumblr.com

chucky3176

I'm sure the Zaitokukai have already appealed, so it will take another three years for the final verdict of not guilty or a slap on the wrist. So you really need not worry too much for the Zaitokukai, they already got themselves covered well by Japanese law.

They have been ordered to pay $120,000 and they're no longer allowed to protest in front of schools.

show me where masses of Koreans go marching down streets and attacking schools, to protest and shout and call for the indiscriminate mass killings of Japanese people.

I saw a group of protesters with signs that said "Kill Japs". There are idiots in all sorts of countries, and obviously Korea is not the exception.

If anything, this court ruling will only encourage more haters because they know they don't get any punishment even if they're found guilty.

It sounds like as if you DON'T want them to get punished or stop racism in any way. You actually want the anti-Korean stuff to continue. Nice going.

Even the Zainichi Koreans and the students who attend the North Korean schools are happy at this result as a step in the right direction... yet you who is not the person involved is... not.