Editorial: Protecting Japan's Imperial Family must not come at the cost of free speech

Calls have surfaced from conservative legislators, including members of Japan's ruling Liberal Democratic Party (LDP), advocating for stricter legislation to address slander against members of the Imperial Family. While it is acknowledged that online abuse and slander have become a societal issue, the concern is that protecting the dignity of the Imperial Family could potentially infringe on the rights of the general public.

In July, a resolution was passed at a meeting attended by around 50 ruling and opposition lawmakers, stating that the matter should be continuously studied. The Conference to Japan's Dignity and National Interest, a group comprising LDP lawmakers, has formed a project team to explore potential responses. Currently, under Japan's Penal Code, defamation and insult crimes cannot be prosecuted unless the victim files a complaint.

The LDP is pushing for a revision of the Penal Code to enable punishment of defamation and similar acts against Imperial Family members without requiring a complaint. They argue that taking effective action against abusive posts is challenging, but extending special treatment only to Imperial Family members is problematic and could lead to arbitrary decisions by authorities, potentially violating freedom of expression.

The pre-World War II Penal Code included a crime of disrespect or lese-majeste toward the Imperial Family, but the acts subject to punishment were vaguely defined, and the law's potential for abuse in controlling thought must not be forgotten. Experts warn that legislation making it easier to penalize defamatory attacks against the Imperial Family could have a chilling effect on expression, similar to the consequences of the lese-majeste crime.

Moreover, the proposal to extend protection to male-line male descendants of former Imperial Family branches is problematic, as the revised Imperial House Law may grant them Imperial Family membership through adoption. Conservatives worry that such descendants may hesitate to join the Imperial Family if exposed to slander. However, these individuals are private citizens, and granting them preferential treatment would conflict with Article 14 of the Constitution, which prohibits discrimination based on family origin.

Views are divided between ruling and opposition parties regarding male-line adoption. Public understanding of this issue has not been deeply explored. Consequently, disallowing criticism of prospective adoptees could silence opinions critical of the Imperial House Law revision. Creating punishments to encourage adoption is unreasonable, as it may be perceived as a revival of the crime of disrespect, despite LDP lawmakers denying this claim.

Such an approach is incompatible with the Emperor's role as the symbol of the state, which relies on public trust.