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2007 Assessment

Japan: Integrity Indicators Scorecard

Japan: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	100
7	Are citizens able to form broadcast (radio and TV) media entities?	75
8	Can citizens freely use the Internet?	100
9	Are the media able to report on corruption?	92
10	Are the media credible sources of information?	95
11	Are journalists safe when investigating corruption?	100

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments: Yes, freedom of the media is guaranteed by the Constitution.

References: Article 21 of the Constitution: Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed. No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments: Yes, freedom of speech is guaranteed by the Constitution.

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments: There is no barrier to publish newspapers or magazines.

References: [ LINK ] [ LINK ]

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: Although there is no licensing requirement for print media, if for any reason banned or suspended, print media can appeal under the Administrative Proceeding Complaint Judgment Act

References: Administrative Proceeding Complaint Judgment Act. [ LINK ]

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments: There is no license requirement.

References: [ LINK ] [ LINK ]

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments: There is no license requirement.

References: [ LINK ] [ LINK ]

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments: Registration is needed to form a broadcast media entity. Registration is given by the Ministry of Internal Affairs and Communications based upon availability of bandwidths, not on political consideration.

References: Telecommunication Business Law [ LINK ] Broadcast Law [ LINK ] Radio Law [ LINK ] Cable TV Broadcast Law [ LINK ]

Peer Review Comments: In practice, certain political influences exist.

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: If registration is denied or revoked, broadcast media can appeal under the Administrative Proceeding Complaint Judgment Act.

References: Telecommunication Business Law [ LINK ] Broadcast Act [ LINK ] Radio Law [ LINK ] Cable TV Broadcast Law [ LINK ]

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments: For local broadcasting stations, it takes at least four months to get permission, including a three-month preliminary permission period.

References: Interview with an official of the local broadcasting department of the Ministry.

Peer Review Comments: Obtaining a broadcast media license takes a long time, as far as I know.

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments: About US$780 for an application fee and about US$3,600 for an inspection fee is needed to open a local broadcasting station.

References: Interview with an official of the local broadcasting department of the Ministry.

Peer Review Comments: In practice, obtaining a broadcast media license requires a certain cost.

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published online.

Score:

100

Comments: The government does not censor online content, therefore sometimes harmful content causes social trouble. Most notorious is a Web-site called 2 Channel. The government is currently introducing the Information Communication Law, which is said to include content censorship.

References: [ LINK ]

Peer Review Comments: I believe it is unlikely that the government would restrict access to 2 Channel. However, it has acted against so-called suicide websites (see [ LINK ]).

8b: In practice, the government does not censor citizens creating content online.

Score:

100

References: [ LINK ]

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments: It is legal to report accurate news no matter who is the target, however sometimes accuracy is questioned especially in cases of tabloid papers or weekly magazines. There are libel litigations.

References: media report

Peer Review Comments: The payouts in libel cases have increased dramatically. This has forced at least one of the more daring magazines out of business.

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

References: media report

Peer Review Comments: In practice, many Japanese journalists have cozy relationships with the people on whom they are reporting (e.g., parliamentary reporters with privileged access to parliamentary sources), and that could well instill a degree of self-censorship.

Peer Review Comments: A typical pattern in Japan is for the media to sit on information related to corruption or other wrongdoing until they have a clear opportunity to use it. This is often evident when public figures such as politicians are investigated or arrested, which opens the floodgates to almost instant detailed coverage.

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

References: media report

Peer Review Comments: There is no official censorship, but there may be a form of "social censorship" exerted by powerful individuals or institutions on media organizations and journalists who are discouraged from "rocking the boat." Foreign journalists are less exposed to this kind of pressure, even when working for Japanese media (see [ LINK ]).

Are the media credible sources of information?

10a: In law, print media companies are required to disclose their ownership.

Score:

YES

Comments: Under the Corporate Law, public and private companies, including print media companies, are required to disclose their major owners.

References: The Corporate Law

10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership.

Score:

YES

Comments: Under the Corporate Law, public and private companies, including print media companies, are required to disclose their major owners. Some of the major broadcasting companies are public.

References: The Corporate Law

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments: Broadcast companies establish BPO (Broadcasting Ethics & Program Improvement Organization), an independent, self-censorship institution. There is evidence of occasional loose reporting practices. Press Clubs, exclusive journalist clubs whose expenses are paid by the government and where press conferences are held, is said to be a cozy relationship between politicians and major press.

References: [ LINK ] [ LINK ]

Peer Review Comments: The Japan Media Review has an article on press clubs -- written from the perspective of foreign reporters -- at [ LINK ].

Peer Review Comments: Japan lacks an independent press watchdog.

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments: Yes, during the most recent (upper house) election, political parties or independent candidates received fair media coverage. But as election coverage is one of the most exciting events for media, sometimes wrong predictions caused trouble. Therefore, the government asked broadcasting companies a calmed down reporting.

References: [ LINK ] There was a case where a broadcast bureau chief of a leading TV company was reprimanded due to his alleged order to give favorable broadcast coverage for opposition parties.

Peer Review Comments: State broadcaster NHK is well-known for a strong Liberal Democratic Party slant and ties to the ruling party.

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments: Yes, political parties and candidates are assured by law to have equitable access to NHK National Broadcasting Corporation, a state-owned media outlet.

References: Article 1 of The Broadcast Law. The purpose of this law is to regulate broadcasting for the public welfare, and to strive for the sound development thereof, in accordance with the principles as stated below: i) To secure the maximum availability and benefits of broadcasting to the people; ii) To assure the freedom of expression through broadcasting by guaranteeing impartiality, integrity in broadcasting and its autonomy; iii) To make broadcasting contribute to the development of.

(Campaign Broadcasting) Article 45 of The Broadcast Law. In case NHK allows any candidate for an elective office to broadcast his/her political views or make a campaign speech with its own facilities.

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: There is no report of corruption investigative journalist being imprisoned.

References: media report

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments: There is no report of corruption investigative journalist being physically harmed.

References: media report

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: There is no report of a corruption investigative journalist being killed.

References: media report