On May 23, the JCLU have simultaneously held a commemorative symposium titled "Internet and Freedom of Expression" with it's general assembly at Kuramae Kogyo Kaikan Hall (view the preceding number). The panelists were Mr. Kazuyuki Takahashi, professor at Tokyo University Law, Ms. Kazuko Ohtani, chief of judicial affairs at Nihon Sougou Kenkyujo, and Mr. Yasushi Higashizawa as the representative of JCLU. These panel of experts were moderated by Mr. Kenta Yamada, a director of JCLU, and the report has been made by Ms. Akiko Kato, a student member from Tokyo Toritsu University.
To start the symposium, Mr. Takahashi first explained the structure of internet where individual can instantly send messages to many others. Secondly he conveyed the freedom of expression to be of guarantee within the Constitution. However, concerning necessities and possibilities of changes within late freedom of expression theory, Mr. Takahashi then lead to the discussions of two points which are both derived from the peculiarity of internet.
First point was on the possibilities of changes which are most likely to take place on the late freedom of expression theory. Mr. Takahashi gave a warning to the prospect that eventually the international criterion must chime in with the country where the regulations are most moderate. For example, the issue on distributes of obscene. The criterion for the charges of obscenity differ in Japan and the States. However, nowadays, internet has become a world wide tool, and even though certain obscene information are regulated by Japan, such information sent from the outside where the regulations are much moderate are beyond Japan's means.
In addition, Mr. Takahashi pointed out various facts. Concerning juvenile protection, he mentioned that it is brought into practice accordingly by juvenile protection ordinance of each place's. However, in reality criterion for harmfulness differ by places, and therefore, it is hard to say juvenile protection is in action generally and fairly. Also, for juvenile pornography problem, Mr. Takahashi admonished Japan for being severely and internationally criticized for standing essentially as the main sending country. He insisted on prompt actions regarding regulations.
Further, as a recent trend the United States, Mr. Takahashi mentioned porno regulations from feminists' perspectives. It is a discussion done very actively and thoroughly in States, and prospectively, Japan will have similar trend such as, "Sexual discrimination should be regulated more strictly." Mr. Takahashi continually analyzed Japan's status quo. On the issue of defamation, he compared the idea and the policy of the State's "more speech" and Japan's "public welfare first," and suggested that former should be the criterion. At last, he covered the issue of privacy infringement referring to the problem of interception at companies and universities. Then he moved on to his second point.
As for his second point, Mr. Takahashi presented a fresh argument, how should internet provider's position be recognized. Under the situation where the sender of information, "expressionist," is separated and different from the manager or the owner of the media, to what extent the latter should bear responsibility? This question has no answer for position of internet service providers (ISPs) are yet unclear. To clarify this point, more arguments are necessary such as, can ISPs inspect "no privacy insisted" home pages and bulletins that are already in public? It is urgently asked to straight this point so as to amend laws to what bear ISPs as important factors. At present, as for obscene information on internet, there is nothing to do but entrust each ISPs to set self-imposed control. Mr. Takahashi sent a warning again and concluded his report.
Panel discussions came next, and here mainly, Ms. Ohtani introduced her perspectives as a vice-chief inspector of morals at workers committee in Telecommunications Service Associates. She has been engaged in creating the guidelines for this associate which is consisted of about 400 ISPs, and is one of the most active and leading figures in the field of ISPs' self-imposed controls. She ventilated the dilemma which ISPs have been facing; a conflict between strong demands for stringent regulations, and anxiety and assertion that rigorous rules would limit the freedom of expression. Then, having been torn between such insistencies, Ms. Ohtani explained how she and ISPs been seeking to cope with the difficulty.
The first point Ms. Ohtani made clear is the standpoint of ISPs which she had put great amount of efforts while creating guidelines. When freedom of expression and privacy in telecommunication confronts the concerns for morals of youth's healthy instructions, ISPs hopes and believes it is necessary to not only balance, but also take full and the maximum use of both elements.
Secondly, she presented the report of the OECD Committee for Information, Computer and Communications Policy (ICCP) as to inform the future current of self-imposed controls. In this report, three factors are introduced in order to succeed. (1) A rule and control by Code of Conduct which is a management contract agreed by providers. (1) A technologies such as "filtering" which allows to choose whether receive information or not. (3) An institution which deals claims with direct dials. It is consequential that these three factors are applied with good balance. Also, users are expected to rely on these three factors and should not ask excessively of ISPs.
On the issue of Revised Entertainment Establishments Control Law, National Police Agency have asked ISPs to regulate obscene and improper information which is harmful to child's healthy development of minds; however, too great difficulties lead to the result of partial stipulation. It is a problem of, to what extent can ISPs limit freedom of expression and privacy of telecommunication, which is waiting to be solved.
At the end, as she answered few questions, Ms. Ohtani revealed actual circumstances of the relations between Telecommunications Service Council and Electronic Network Council which is said to be controlled by the bureaucrats. Also, she mentioned that ISPs' self-imposed controls are mistaken that they are different in every ways; however, in true state, there are not much of a difference. Ms. Ohtani stated another point concerning this issue, the mass media. They are the ones that really put great amount of pressures upon ISPs for their own sakes. Now, Ms. Ohtani insists on dealing this argument as a legal problem instead of leaving everything to ISPs. She believes that this way allows the subject to gain much broader consideration.
Mr. Yasushi Higashizawa, a lawyer, spoke next. At present, variety of problems are under consideration, and every outcomes will be checked internationally with interests. In Japan, ISPs are under pressure having been compelled to bear responsibilities. Now in consequence, ISPs are considering reinforcement of regulations, which will automatically expose freedom of expression to danger. However, on the other hand, infringements of human rights such as juvenile pornography and use of segregated words through internet should not be connived. This has been extremely complicated yet naive problem; therefore, Mr. Higashizawa suggested that Japan Civil Liberties Union (JCLU) should consult thoroughly and deepen the argument.
In the end, Mr. Kanda, a lawyer, indicated few points concerning Revised Entertainment Establishments Control Law . First, a concept of obscene has been very vague and needs to be more concrete. Secondly, traders who especially handle adult goods should notify oneself, and as for last, Mr. Kanda mentioned that ISPs are under obligation of putting maximum effort in regarding the issue of regulations. Also in the time of questions, one of the main themes throughout this symposium was repeated; a question on the status and the position of ISPs.
Throughout this symposium, the theme, internet and freedom of expression, was viewed and considered from variety of perspectives such as legal point of view starting from Constitution line, and the perspective of business level which is of internet provider's. It can be said that although the problem is yet awaiting to be solved, fruitful discussions and reports done in this symposium were of value and have created a great chance of progress in future.