2023-06-19 12:57:26
Natsuki Yasuda (second from left) holds a press conference following the verdict at the Judicial Press Club in Kasumigaseki, Tokyo, on March 19.
Natsuki Yasuda, a 36-year-old photojournalist whose father is a second-generation Korean living in Japan, received a total of 1.95 million yen from a man living in western Japan, claiming that he suffered mental anguish due to discriminatory posts regarding his origins on Twitter. In the judgment of the lawsuit seeking damages, the Tokyo District Court (Presiding Judge Mari Mokudai) admitted on the 19th that he had “insulted by using discriminatory expressions” and ordered the payment of 330,000 yen.
According to the ruling, in 2020, Yasuda, citing an article he wrote, wrote on Twitter, “It was following his death that I learned that my father was a Korean living in Japan.” In response to this, the man posted a post with discriminatory language once morest Koreans in Japan, saying, “I can guess why your father hid his origins.”
The court ruled that the content of the post was a discriminatory expression once morest Yasuda and her father, and that it was “an act of insult that exceeds the socially accepted limits, and infringed on the plaintiff’s sense of honor regarding his origin.”
Yasuda’s side has argued that the post constitutes “unfair discriminatory language and behavior” as defined by the Hate Speech Elimination Act, which went into effect in 2016. The ruling did not go so far as to say that the expression incited criticism or discriminatory behavior toward a third party, and stated, “It cannot be said that the right not to be excluded from the local community (established by the law) was violated.”
Mr. Yasuda had also filed a lawsuit over another man’s post saying, “Smuggling? It’s a crime, isn’t it?” The terms of the settlement stipulated that the man had to attend a program for the perpetrators of slander and slander, but because the man did not attend, he reportedly paid a total of 500,000 yen in penalties and settlement money.
◆Slander continues…Required legislation, human rights institutions
“Lawsuits are just the tip of the iceberg.” After the verdict, Ms. Yasuda held a press conference in Tokyo, revealing the current situation where slander surrounding her own origins continues on the Internet. She argued that identifying the posters and recovering from the damage would be a heavy burden on the victims, and called for legislation to clearly prohibit discrimination.
Yasuda lost his father when he was a junior high school student, and following looking at his family register, he learned that his father was of Korean nationality. The article she was citing in her vilified post described her journey to delve into the history of her family, including her father.
Regarding the content of the ruling, Yasuda said, “I’m relieved that the wording of discriminatory expressions is included and that it will be considered for compensation,” but it is not recognized that the content of the post is inciting discrimination, saying, “I would like you to go further.” rice field”. Attorney Kanbara, who represented the defendant, said, “The ruling said that it was an insult with discriminatory expressions, but I wanted you to say that the discrimination itself is illegal.”
About two and a half years from the post that triggered it to the judgment. At the time of the damage, the revised Provider Liability Limitation Act, which makes it easier to identify anonymous posters, had not yet come into effect, and it took time to identify them.
During this time, when Yasuda posted regarding political and social issues on Twitter and other media, he was criticized for saying, “Get out of Japan.”
Emphasizing the need for providers and SNS operators to take further action, given the difficulty of dealing with this problem on their own. He added, “In order to aim for a society without discrimination, comprehensive anti-discrimination laws and independent human rights organizations in Japan are required.” (Rieko Ota)
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