information about Fukushima published in English in Japanese media info publiée en anglais dans la presse japonaise
12 Décembre 2013
http://ajw.asahi.com/article/behind_news/politics/AJ201312120043
December 12, 2013
A ruling party executive suggested that media coverage of state secrets specified under new legislation should be regulated, contradicting the prime minister’s assurances that the public’s right to know will not be compromised.
Shigeru Ishiba, secretary-general of the Liberal Democratic Party, also told the Japan National Press Club on Dec. 11 that those who reported specified secrets could be punished.
“I think the act (of reporting specified secrets) will be kept in check in one way or another if our nation’s safety is put at great risk,” he said. “It will be eventually up to judicial judgment (whether those who reported them should be punished).”
The ruling coalition of the LDP and New Komeito railroaded the legislation, which toughens penalties against public servants and others for leaking secrets that could jeopardize Japan’s national security, through the Diet on Dec. 6.
Ishiba effectively retracted his comments later in the day, but the remarks revealed not only his ignorance of the law’s provisions, but also his intention to put protection of government secrets before the public’s right to know.
Article 22 of the state secrets protection law says: “Due consideration should be given to freedom of reporting and news gathering that contribute to the guarantee of the people’s right to know.”
The Abe administration added the clause in response to criticism that the legislation could infringe on the public's right to know by intimidating whistle-blowers and journalists.
At a news conference days after the law was enacted, Prime Minister Shinzo Abe attempted to dispel deep-rooted concerns by emphasizing that the public will not be deprived of their right to know.
The state secrets protection law also says, “News gathering activities for publishing and reporting are considered legitimate unless they violate laws and regulations or are done in an excessively unjust manner.”
It does not stipulate any punishment for those who reported specified secrets.
“I found that those who reported (specified secrets) will not be subject to punishment, although public servants who leaked (them) will be punished,” Ishiba told reporters at the LDP headquarters two hours after the news conference.
He also said he did not mean to ask for media coverage of specified secrets to be kept in check.
Still, Ishiba repeatedly emphasized that reports on specified secrets could endanger national security and the lives of citizens, implicitly demanding that media organizations refrain from reporting those secrets.
“It is by no means good that a nation’s peace and security, and people’s lives, safety and property will be adversely affected (by reports on specified secrets),” he said. “If media organizations decide to report (specified secrets) despite being aware of such risks, they should consider their own responsibilities.”
On Dec. 12, Ishiba again expressed doubts that media organizations should be free to report specified secrets.
“(Specified secrets) will have grave consequences on the nation’s security and the people’s lives and safety if they come out into the open,” he said on a radio program. “What will happen if a large number of people died (as a result of reporting)?”
Ishiba recently equated protests to the state secrets protection legislation with terrorism on his blog and was forced to withdraw his remarks.
http://ajw.asahi.com/article/behind_news/politics/AJ201312120063
December 12, 2013
The government is seeking to rejuvenate decade-old legislation to make the act of “conspiracy” a punishable crime, even if no criminal act has been committed.
Word of the move sparked revived criticism that such a law could lead to prosecution against civil advocacy groups for the mere act of communicating. Even members of Prime Minister Shinzo Abe’s administration questioned the need for a conspiracy law.
Chief Cabinet Secretary Yoshihide Suga told reporters on Dec. 11 that government would not try to advance the measure during the next Diet session, which starts in January.
But government officials say the legislation is needed in part to bolster police powers to fight terrorism before Tokyo hosts the 2020 Summer Olympic Games. The event will draw huge crowds from around the world and is seen as an inviting target for terrorists.
The legislation is also seen as a key law enforcement tool to fight organized crime. It would penalize mere complicity in plots to commit serious criminal acts in an “organized” way as part of “activities of a group.”
“Conspiracy legislation is a necessity from a global perspective in the light of the (United Nations) Convention Against Transnational Organized Crime," a senior government official said Dec. 11. “We have always been discussing the issue, which is an international requisite.”
The Diet has voted in favor of signing the U.N. convention, which was adopted by the world body in 2000. However, Japan says it needs its own domestic law covering acts of conspiracy before it can sign the convention.
Bills to strengthen current laws have been submitted on three occasions to the Diet since 2003. But protests by the general public and opposition parties have forced lawmakers to abandon the legislation each time.
The legislation would criminalize acts of conspiracy regarding more than 600 types of crimes, even if they have not been committed. Critics are also concerned over potential abuse of the law by authorities.
The Abe administration came under heavy fire for steamrolling the state secrets protection bill through the Diet earlier this month. The approval ratings for Abe’s Cabinet dropped across the board in surveys conducted by various media organizations after the law was enacted.
That led the prime minister’s office to reject calls by some in his administration to submit a conspiracy bill, or a set of bills to amend related laws, during the next Diet session. The Abe administration instead plans to take its time to discuss the issue and lay out its argument for the conspiracy legislation.
But criticism runs deep.
“The state secrets protection law, conspiracy legislation and the wiretapping law are all part of a single package,” said lawyer Yuichi Kaido. “Once the conspiracy legislation is enacted, the government could next seek to expand the law to allow wiretapping to clamp down on conspiracy.”
Yoshitomo Ode, a Tokyo Keizai University professor and an expert in the Criminal Procedure Law, also voiced concerns.
“Making uncommitted acts of crime eligible for punishment would very likely engender false charges in a manner that is expedient to investigative authorities,” Ode said.
Even an aide to Abe said Japan does not need conspiracy legislation.
“We have to strive to let foreigners know that Japan is such a safe and secure country,” the aide said.
A senior administration official said, “I believe the state secrets protection law is necessary, but conspiracy legislation would have a more direct impact on the general public.”
The Liberal Democratic Party’s platform for the December 2012 Lower House election made no direct mention of conspiracy legislation.
The only reference that can be construed as similar stated, “We will bolster measures to fight organized crime, including crackdowns on cross-border crime rings.”
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