The new amendments to the Penal Code were approved on Monday, June 20, and will take effect later in the summer. If previously online offenders could be sentenced to 10,000 yen or 30 days in prison, now that amount is up to 300,000 yen (about $2,200) or one year in prison.

Punishment gets tougher – why

The country’s authorities have changed their views on the matter after a high-profile lawsuit. 22-year-old wrestling star Khan Kimura committed suicide, unable to withstand the stream of insults and criticism on the internet. According to the results of the investigation, authorities have already fined two people, but the fines seem symbolic – only 9,000 yen ($67). Hani’s mother, Kyoko Kimura, a former wrestler and media personality, described the sentence as too light, and most Japanese people agreed.

There were longstanding disputes on the way to the adoption of the new law.

• Opponents argued that this could hinder freedom of speech and criticism from those in power.
• But supporters said the law needs to be tightened to combat cyberbullying and harassment online.

The deputies had to make mutual concessions. As a result, the law was passed only after a decree was added. Review three years after enactment to assess its impact on freedom of expression. However, it still persists even after this question. Criminal lawyer Seyho Cho, for example, warned that the text of the law does not specify what defamation is.

We need some advice to distinguish what qualifies as an insult. For example, if someone calls the leader of Japan an idiot, then perhaps that would be classified as an insult under the revised law,
Cho says.

Today, according to the media, the Japanese Criminal Code distinguishes between “insult” and “slander” (slander), but their explanation is rather vague, which allows you to manipulate the law.

Khan Kimura at a press conference in Tokyo on October 17, 2019 / Photograph CNN

Hana Kimura’s Death:

• The 22-year-old professional wrestler is best known for his role in the Netflix series “Terrace House.”
• The reason for his actions was not immediately clear, but shortly before his death, he posted a series of alarming messages on social media claiming he had been cyberbullied. In particular, Kimura wrote that she “didn’t want to be human anymore.” According to media reports, The woman is the target of hundreds of nasty tweets every day..
• In the latest update of Instagram, a photo with a cat and the text “Goodbye” were published.
• Kyoko Kimura advocated strengthening anti-cyberbullying laws after her daughter’s death and founded a non-profit organization called Remember Khan to raise awareness about cyberbullying.