Japan Amends Cyberbullying Law After Hannah Kimura's Death: Online Insults Can Now Lead to Jail Time

Japan Amends Cyberbullying Law After Hannah Kimura's Death: Online Insults Can Now Lead to Jail Time
(Photo : FADEL SENNA/AFP via Getty Images)

Under a change to the country's penal code that went into effect on Thursday morning, insulting someone online might result in a one-year prison sentence in Japan. Engadget reported that government officials started reviewing Japan's cyberbullying legislation in 2020, in response to Hana Kimura's apparent suicide and the meager ¥9,000 ($81) fine handed down to one of the men accused of harassing the professional wrestler and reality television star.

What Is the Punishment for Cyberbullying?

The previous version of the country's penal law stipulated that insults posted online would result in a fine of no more than ¥10,000 ($75) and no more than 30 days in jail. Currently, the statute permits fines of up to ¥300,000 ($2,200).

The Verge pointed out that the law will be reevaluated in three years to see if it has an effect on freedom of expression, which is a concern raised by the bill's critics. It was vital, according to proponents, to lessen cyberbullying nationwide.

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Japan Government To Tackle Cyberbullying

The bill that introduced the amendment was controversial, despite public pressure on the government to address cyberbullying, as per Engadget.

The country's penal code defines insults as an attempt to denigrate someone without mentioning specific facts about them; defamation, on the other hand, makes reference to specific characteristics.

According to CNN, a criminal lawyer from Japan named Seiho Cho issued a warning about the amended law's lack of definition of what constitutes an insult. "There needs to be a guideline that makes a distinction on what qualifies as an insult," Cho said. "For example, at the moment, even if someone calls the leader of Japan an idiot, then maybe under the revised law that could be classed as an insult."

Meanwhile, The Verge noted that people have been imprisoned and fined for tweets in the U.K. because of regulations that make "grossly offensive" public statements illegal. The language used under its policies is similarly vague, and courts make case-by-case judgments regarding what constitutes "grossly" offensive behavior.

The Death of Hana Kimura

CNN reported that with increasing demands for anti-cyberbullying laws with the passing of Kimura, the topic of online harassment has garnered attention over the past few years. She was 22 years old when she committed suicide in 2020. The professional wrestler and reality television star was well-known for her part in the Netflix series "Terrace House."

Many pointed to the online harassment she had endured from other social media users in the months preceding her death as the reason why the news caused grief and shock across the country.

Japanese politicians spoke out against the dangers of cyberbullying shortly after she passed away and promised to hasten government deliberations on pertinent legislation.

Meanwhile, after her daughter's passing, Kimura's mother, former professional wrestler Kyoko Kimura, pushed for tougher anti-cyberbullying laws and founded the non-profit group "Remember Hana" to spread awareness of the issue.


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