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Japan Seeking to Govern Top News Web Sites

Posted by CmdrTaco on Sat Mar 01, 2008 12:38 PM
from the hey-slashdot-jp-what-does-this-mean dept.
RemyBR writes "A Japanese government panel is proposing to govern "influential, widely read news-related sites as newspapers and broadcasting are now regulated." The panel, set up by the Ministry of Internal Affairs and Communications, said Internet service providers (ISPs) should be answerable for breaches of vaguer "minimum regulations" to guard against "illegal and harmful content." The conservative government, led by the Liberal Democratic Party, or LDP, is seeking to have the new laws passed by Parliament in 2010."
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  • Never fails (Score:5, Insightful)

    by tkrotchko (124118) * on Saturday March 01 2008, @12:49PM (#22610568) Homepage
    Governments, no matter how benign, really hate unfettered access to information.

    The most discouraging part is a majority of people seem to agree ("...well, as long as it's to fight the terrorist...").

    The most predictable part is someone will say "...this isn't about free speech".

    A truism: "When somebody says 'this isn't about free speech', it almost certainly is".
    • A truism: "When somebody says 'this isn't about free speech', it almost certainly is".

      Yes, usually what they really mean is "don't let those pesky human rights concerns get in the way of what I want to accomplish." For some reason, we put up with people like that. It's rather pathetic really.
    • This is not a new thing related to terrorists. Japanese newspapers have been heavily regulated since after World War II, mostly to supress overly nationalistic editorials (or, during the Cold War, Communist).
      • Re: (Score:3, Funny)

        Because controlling the press is the best way to prevent an authoritarian government?
    • No, the most predictable thing on Slashdot is posters who don't read the articles and who parrot the most popular opinion.

      The article doesn't mention anything resembling terrorism as the reason. What the article discusses in some detail is that the Japanese ruling political party, the LDP, has ruled the country virtually unchallenged for decades. The slightest bit of thought shows that the LDP has achieved almost every single goal of what the most progressive Democrats are advocating in the United States:
      • Re: (Score:3, Interesting)

        That constitutional ban (actually, the entire constitution) was not achieved by the LDP. In fact, the LDP did not even exist at the time the constitution was written. It was achieved by General MacArthur as SCAP during the occupation. The Diet simply copied his suggestion with some very basic changes and voters approved it.

        The LDP has ended up creating a "capitalist development state" that thrives on neo-fascistic cooperation between government and corporate entities, dominate the government largely through
    • "When somebody says 'this isn't about free speech', it almost certainly is".

      "Well, what sort of chance does that give me??? Alright then! It IS about free speech."

      "!!!SEE!!! It *IS* about free spech!!!"

      (with apologies to Monty Python)
  • Putin-like (Score:3, Interesting)

    by Tablizer (95088) on Saturday March 01 2008, @12:55PM (#22610594) Homepage Journal

    "Soon after the war we followed the U.S. model with the government issuing licenses through the FCC," Hizumi said. "As one party, the LDP, came to dominate politics, it sought more control of the media so the FCC was abolished. There is no ombudsman here, so the government controls the media directly.

    It sounds like a Putin-style media. Free-press is getting harder to find in the world.

    • Re:Putin-like (Score:5, Insightful)

      by webmaster404 (1148909) on Saturday March 01 2008, @02:33PM (#22611086)

      It sounds like a Putin-style media. Free-press is getting harder to find in the world.


      No its much easier. With the Internet its very very easy to find free press. /. is a good example, Wikileaks is another. CNN and Fox news aren't exactly much "free-press" and if this is "top news sites" that is probobly exactly what the Japanese government seeks to regulate the CNNs and Fox news of Japan not the /. and Wikileaks although they are probably next. So no, free press isn't hard to find, it is much easier then 50 years ago, you no longer need a printing press and paper just a 'net connection and a computer to report.
  • strange... (Score:5, Insightful)

    by superflytnt (105865) on Saturday March 01 2008, @12:56PM (#22610600)
    "The conservative government, led by the Liberal Democratic Party"

    There's something a little odd about that name, don't you think?
    • Re:strange... (Score:5, Insightful)

      by causality (777677) on Saturday March 01 2008, @01:04PM (#22610652)

      "The conservative government, led by the Liberal Democratic Party"

      There's something a little odd about that name, don't you think?

      Sounds like the USA to me. "Liberal" and "Conservative", yet no matter which is elected the government expands in size and power. Clever, isn't it? That there might be no real difference between them is a fact about which we are more honest when it comes to other countries, apparently.
      • by Scrameustache (459504) on Saturday March 01 2008, @02:04PM (#22610924) Homepage Journal

        "The conservative government, led by the Liberal Democratic Party"

        There's something a little odd about that name, don't you think?
        Sounds like the USA to me. "Liberal" and "Conservative", yet no matter which is elected the government expands in size and power. Clever, isn't it? That there might be no real difference between them is a fact about which we are more honest when it comes to other countries, apparently.


        Don't blame me, I voted for Kodos!
    • Uhm, it is the Japanese, 'nuff said.
    • Don't worry, in Poland one of our major parties is "Law and Justice [wikipedia.org]", a Christian-fundamentalist party that makes Dubya look like a good boy scout. One of main parts of their platform is "eradicating corruption", and I think you can guess how well they fare. The name obliges, after all.
    • Re:strange... (Score:5, Informative)

      by STrinity (723872) on Saturday March 01 2008, @01:41PM (#22610838) Homepage

      "The conservative government, led by the Liberal Democratic Party"

      There's something a little odd about that name, don't you think?


      Only if you assume that American political terminology is standard for the rest of the world.
       
      In most places "liberal" is equivalent to what Americans call "libertarian," and the parties Americans call "liberal' are known as "labor" or "left".
      • Re:strange... (Score:4, Insightful)

        by Samgilljoy (1147203) on Saturday March 01 2008, @02:53PM (#22611172)

        Only if you assume that American political terminology is standard for the rest of the world.

        In most places "liberal" is equivalent to what Americans call "libertarian," and the parties Americans call "liberal' are known as "labor" or "left".

        Just want to second that. Here in the U.S., conservatives have labored since the 60's at least to redefine the term "liberal" for their own benefit. They achieved success in late 70's/early 80's. At this point, few people know any meaning for the term other than what the political class uses. Still, everyone is pretty far away from Latin liberalis at this point. I wonder whether the concept behind that term will ever be strong enough again to merit a word that unambiguously denotes it.

        "Liberal" in U.S. political discourse is the result of an extremely successful and masterful propaganda/marketing campaign. I despise the result, but damn, you have to admire such conceptual and linguistic control of the masses.

        • Re: (Score:2, Informative)

          Don't forget that Evangelical Christians labored since the 70s to redefine the term "conservative" for their own benefit. They achieved success rather quickly with Jerry Falwell uniting the evangelical christians to hi-jack the Republican party. Now the term "conservative" more closely defines a set of social control principles that force everyone to act like the Calvinists. It has little to nothing to do with conservation of traditional governmental practice.
      • Re: (Score:3, Insightful)

        In Europe at least "liberal" parties are usually centrist or at least closer to the political centre than the conservative parties. It's pretty rare for a party with "liberal" in the name to be considered conservative here, though not that unusual for them to be considered right wing.
      • Re:strange... (Score:4, Insightful)

        by meringuoid (568297) on Saturday March 01 2008, @04:45PM (#22611756)
        In most places "liberal" is equivalent to what Americans call "libertarian," and the parties Americans call "liberal' are known as "labor" or "left".

        Actually, what Americans call 'liberal' we call 'moderate Conservative'. What we call left-wing, Americans call pinko Commie traitors.

    • Re:strange... (Score:5, Informative)

      by J0nne (924579) on Saturday March 01 2008, @02:03PM (#22610922)
      "Liberal" means something completely different outside of the US.
    • Re: (Score:3, Informative)

      Truthfully here Democrats and Republicans are cut from the same powerhungry, force-your-dictatorial-philosophy cloth in spite of the differences in the lies they extrude through your enemy and mine,the Press.
      Makes you wonder: A.if Japan has the equivalent of a Libertarian party.
      B. why we haven
    • Not really. Liberal and conservative is more of a local thing then an international one. Some people like to relate on an international level which places things like the liberal democrats on the conservative side. But inside the country, they are probably more liberal then some of the parties, more specifically the ones in power when they came about.
        • Re:strange... (Score:4, Interesting)

          by Atlantis-Rising (857278) on Saturday March 01 2008, @04:58PM (#22611830) Homepage
          The definition of 'liberal' has changed drastically since its arguable inception in the early 17th century. The development is fascinating and also, to a great degree, logically sound, but that's another issue entirely.

          Suffice it to say that the word 'liberal' is not a clearly defined word. John Locke, for example, did not support democracy. Liberalism in its most original form was essentially a philosophy supporting freedom and equality for the people in all forms. Eventually this morphed into liberal socialism; which supported the state providing for individuals so that they had equality of opportunity as well as freedom of opportunity. Modern liberalism, as a rule, continues along this trend, integrating more elements of socialism into it.

  • In Minitrue we trust (Score:2, Informative)

    by Anonymous Coward
  • What this means (Score:3, Interesting)

    by dattaway (3088) on Saturday March 01 2008, @01:03PM (#22610644) Homepage
    We are allowed to make fun of other people, but not companies or government officials.
  • and with Japan as technologically savvy as it is there would be small underground pulp newspapers, pirate radio off shore on fishing boats & etc...
  • by etymxris (121288) on Saturday March 01 2008, @01:33PM (#22610792) Homepage
    See 2ch.net:

    There are numerous civil actions against Hiroyuki by individuals and corporations for slander and defamation. Hiroyuki so far ignored every court order and has never shown up for any trial and he has lost every civil case brought against him by default. Hiroyuki does not hold any sizable asset in Japan and any financial gain by Hiroyuki (bar what the court rule as necessary living expense) is subject to foreclosure. 2channel's assets are all held overseas; the servers are located in California and the domains are owned by a United States registrar. Moreover, technically, Hiroyuki does not own 2channel. None of the winners of civil action collected any money from Hiroyuki.

    In January 2007, a small court in Japan, making a judgement on yet another slander case, announced that 2channel's holding company was bankrupt and it would be repossessed. This claim was openly mocked by Hiroyuki on 2channel's splash page, and nothing of the sort happened, although 2channel's Japanese ISP ended its operations.

    http://en.wikipedia.org/wiki/2ch#Free_speech [wikipedia.org]
    Basically, any website that doesn't want government regulation will just relocate its servers to the U.S. Due to the differing laws, they will not be able to subpoena IP logs or have any way of getting at the people that post to the site. The owner of the site may have some trouble if he continues living in Japan, but there will probably be ex patriots in the U.S. willing to "own" the site to avoid such trouble.
  • I guess we know what japan's priorities are.
  • Consider this. Mass media IS regulated. You cannot print WHATEVER you want in Washington Post or NYT. You cannot say WHATEVER you want on radio. You cannot show WHATEVER you want on television. There is FCC. There are rules that papers, tv and radio stations must go by.

    Now, if some website is circulating news with similar audience, would not it be fair to traditional media to apply the same rules to non-traditional competitors of the traditional media? Internet has matured, dudes and dudettes, and became a
    • Consider this. Mass media IS regulated. You cannot print WHATEVER you want in Washington Post or NYT. You cannot say WHATEVER you want on radio. You cannot show WHATEVER you want on television. There is FCC. There are rules that papers, tv and radio stations must go by.

      Now, if some website is circulating news with similar audience, would not it be fair to traditional media to apply the same rules to non-traditional competitors of the traditional media? Internet has matured, dudes and dudettes, and became

  • by Kuukai (865890) on Saturday March 01 2008, @06:08PM (#22612242) Journal
    They scream bloody murder [debito.org] about how implementing a human rights treaty they signed over a decade ago [japantimes.co.jp] will stiffle free speech, but it's fine if they do it. Bigotry is okay, but we can't have any "illegal and harmful content."
    • Re:Can't resist... (Score:5, Informative)

      by SL Baur (19540) <steve@xemacs.org> on Saturday March 01 2008, @02:24PM (#22611040) Homepage Journal
      The LDP are on their way out. They got their butts kicked in the last election and lost the upper house. They haven't been able to sustain a majority of their own in 10 years and have enlisted the help of the Soka Gakkai[1], pardon me I mean the New Komeito Party.

      The LDP have had a total monopoly on Japanese politics since WWII. It would be most amusing for this to pass, the to-be-regulated web sites "move" out of Japanese jurisdiction and life goes on as before. Japanese always ignore warning signs[2] when noone is looking, so I wouldn't expect this to amount to much no matter what.

      [1] Soka Gakkai and IKEDA Daisuke are to Japan what the Church of Scientology and L. Ron Hubbard are to the US. My source? I was unhappily married to one.

      [2] I have a really cool digital photo of the highway bus terminal in Tsukuba. There
      s a sea of bicycles completely burying a sign in back which reads "no bicycle parking here".
      • Even if they moved outside of their control, they would need ways to gather information inside their control or face becoming irrelevant. It would be these reporters and local offices that they could control.
      • by Goaway (82658) on Saturday March 01 2008, @04:51PM (#22611798) Homepage
        Well don't leave us hanging here! Were you married to L. Ron Hubbard, or Ikeda Daisuke?
      • Re:Can't resist... (Score:5, Insightful)

        by m94mni (541438) on Saturday March 01 2008, @01:22PM (#22610746)
        Are you kidding?

        So when a news agency reports about irregularities in the next election, and the government forces the story to be clearly marked as speculation and inaccurate, you see no problem with that?

        Censorship regimes take many forms. You still have things to learn.
        • If the source of inaccuracies or irregularities are actually speculation and possible inaccurate, then no I don't see a problem with that. In America, it seems to be a rallying cry for any democrat that loses an election and we would be served better if the extent of accuracy was stated with the story.
        • Re: (Score:3, Insightful)

          Censorship regimes take many forms. You still have things to learn.

          Xenophobia takes many forms too. And you also have things to learn.

          Things in Japan work differently than they do here. In some ways, they have more freedoms than we do. In other ways, they may have fewer. On balance, their system works. It is different than ours, but it works. They have a low crime rate, one of the world's largest economies, very low poverty, and nobody who lives there ever complains about government oppression that I'
          • Re:Can't resist... (Score:5, Informative)

            by joggle (594025) on Saturday March 01 2008, @07:49PM (#22612770) Homepage Journal
            Citizens in Japan don't have nearly as much political power as they do in America. They can not vote for the prime minister but only lower-level members. They can not vote on whether large projects should occur like they can in America. I remember when a proposal to build a high-speed rail test track was on the ballot in Colorado my Japanese friends were astonished that we could vote on such a thing.

            People in Japan are very much self-censored through societal pressure. It's really a totally different working environment from what I've seen and rather freedom-reducing since people are strongly encouraged to not stand out but to fit in with the rest as best as you can. This is true at least in Tokyo, but from what a friend of mine who lived for two years in the countryside tells me it's the same there. Youths can stand out but once you reach adulthood it's a totally different story.
          • Re:Can't resist... (Score:4, Insightful)

            by MidnightBrewer (97195) on Saturday March 01 2008, @11:07PM (#22613634)
            Japanese do not have more freedom than Americans, and their system works, but only barely. They have a low crime rate because fewer crimes are reported, not because they're not occurring (something that has been changing in recent years). There is no Patriot Act, but I'm now required to have my fingerprints and photo taken every time I come home to Japan, even though I've lived here for six years, work as a teacher, and have a Japanese wife, and despite the fact that the only terrorist acts ever committed in Japan were done by Japanese.

            Election campaigns only lasting a few weeks means that the people have less time to hear about what's going on, have less time to discuss, and are usually less informed when they finally vote on somebody. Also, candidates are legally limited by how much of the population they can attempt to reach at any one time outside of certain channels - hand-outs, for example, can only be distributed to 8% of the voting population.

            How are restrictions on how the press reports on a candidate beneficial? When they're discouraged from revealing things that might cast a candidate in a negative light, even though everybody might be a lot better off knowing? Also, while the Japanese press never writes negative articles about all things Japanese, they feel no such restriction when it comes to writing libelous articles about foreign governments, companies or individuals.

            Japan manages to function pretty much exactly the way it always has for the last couple of centuries despite the imposition of the American-written constitution because just like any country, their politicians know how to interpret the law in ways that benefit their own agendas. Those that are in power tend to stay in power; Diet seats still manage to be passed down through powerful families, regardless of the "democratic" process, and the government is currently trying to instill fear into their citizens to serve their own ends.

            I recently had my conversation class at the high school where I teach writing about critical issues, and some of the students chose "internet regulation" as a topic. I let them write about it, even though I wasn't sure just how it counted as a critical issue, but now I see by this article that they were responding to the tripe that the media has been feeding people as the government ramps up to passing these stricter regulations.

            Remember, in Japan, "the nail that sticks up gets hammered down." The Japanese don't appreciate dissent, and those that are above you are supposed to be all-knowing and infallible, come hell or high water.
      • by gnutoo (1154137) on Saturday March 01 2008, @01:41PM (#22610830) Journal

        See US Liable Laws [wikipedia.org] for a good, civil way to take care of malicious harm. Barriers are high to prevent abuse, it's done after the fact and has nothing to do with the government except for the government providing a neutral judge and documentation of the case. Free speech is so important that prior restraint is reserved only for extreme danger like nuclear weapon design [wikipedia.org] and even then it's debatable. Other restraints like the DMCA are laughable and will be struck down sooner than later.

        Setting up a powerful board with a vague mandate is a very different kettle of fish. Analogies to broadcast don't hold internet water. The public interest in pull media demands freedom and neutrality where the public interest in once scarce spectrum demanded accountability. We have all seen how abused that power over broadcast was ... because we now have free internet news for fact checking. That free media has proved more consistent, informative and reliable than broadcast ever was. "Regulation" of the internet will make it look more like broadcast than reliable or truthful. Without care, it will be pure censorship and can also be used to smear and cause harm without redress.

        It is hard to believe that this basic issue has escaped the attention of those planning "accountability".

          • The US has a legal and philosophical framework that expressly forbids censorship but has ignored it in crucial ways. Broadcast monopolies have been a universal dissaster for free press and democracy but were technically required until about twenty years ago. The unanimous clamoring for "traffic shaping" by ISPs and telcos, if granted will propagate broadcast monopolies onto the internet. It's hard to tell if that or a government panel would be worse but both are unacceptable. Our high minded constitutio

      • Re:Can't resist... (Score:5, Insightful)

        by rubycodez (864176) on Saturday March 01 2008, @01:41PM (#22610834)
        do you live in the U.S.A? could you imagine the Bush regime making the standards for "verifiable accuracy", look at their distortions to justify war and warmongering, cover-ups for environmental damage and interfering with scientific studies, etc.
        • Well, the lack of standard clearly show how we have been hurt by not having them with your post. I guess if we continue to say something, sooner or later it becomes the truth.
        • Re:Can't resist... (Score:4, Interesting)

          by YrWrstNtmr (564987) on Saturday March 01 2008, @05:49PM (#22612138)
          do you live in the U.S.A? could you imagine the Bush regime making the standards for "verifiable accuracy",

          Yes...because all the other administrations have been so much better. Please.
          I'll be glad when Bush is out of office. Because then you'll have to blame the lies, cover-ups, and simple fuckups of the government on someone else.

          Hell no, I wouldn't want the Bush admin having control over these 'standards'. I wouldn't want any other administration having that power either.
      • If you read the article, you'll see that this problem apparently extends beyond simple fact-checking. For example, categories such as "religion" and "political party" are already being filtered by rules which are ostensibly meant to make mobile content safe for under-18s.

        I have no problem with holding the media to account, but the goverment should not be doing so when it has a vested interest in the output it would be monitoring. Further, the legislation wouldn't limit government control to matters of fa
      • Re: (Score:3, Interesting)

        Indeed. I wish people would figure out that what's good for the individual is good for the collective. If not, the collective is fatally flawed and needs to be disregarded or disposed of.

        Having said that, I don't really believe in a "collective" in the political sense (although I am without doubt that there is such a thing in the natural and spiritual sense). You can speak of it as though it were a real thing, but it's not. It's more of a construct, an illusion; it's something that politicians find v
          • I don't really believe in a "collective" in the political sense Then what is good for the individual is good for the individual, not good for the "collective." I agree with you that it's a construct, but you used the term first and I felt obligated to stay within that term instead of causing unwanted confusion. I really liked the last paragraph, though. Very Discordian.

            What I was saying is that a group (be it a nation, etc) of free, empowered individuals who are subjects of no one, with the right to do an