Japan's State Secrets Act

Ishiba says media reports on state secrets should be regulated

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.

Asahi Shimbun,

12 December, 2013

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.