Japan
Official: “This is the way the reign of terror begins!”
—
Lawmaker is
“physically restrained”; Outrage as secrets bill rammed through —
Final passage expected within hours
5
December, 2013,
The
Guardian,
Dec. 5, 2013: Whistleblowers and journalists in Japan could soon find
themselves facing long spells in prison for divulging and reporting
state secrets, possibly including sensitive information about the
Fukushima nuclear disaster [...] “It is a threat to democracy,”
said Keiichi Kiriyama, an editorial writer for the Tokyo Shimbun
newspaper [...] “it can be used to hide whatever the government
wishes to keep away from public scrutiny,” said Mizuho Fukushima,
an opposition MP. [...] justice minister, Sadakazu Tanigaki, refused
to rule out police raids of newspapers suspected of breaking the law.
The
Japan Times,
Dec. 5, 2013: Secrets
bill clears panel by force
[...] The Liberal Democratic Party-New Komeito ruling coalition was
set to forcibly pass the contentious state secrecy bill into law as
early as Thursday night, after it rammed the legislation through the
Upper House Special Committee on National Security earlier on the
day. The chairman of the committee abruptly motioned for a vote on
the bill, and ruling bloc lawmakers voted, while opposition lawmakers
tried to block it by surrounding and shouting at him. “The
committee chairman did not even mention that they will vote on it
when we had a meeting before the session,” said Tetsuro Fukuyama,
an Upper House member of the committee from the Democratic Party of
Japan. “They again leveraged on the power of numbers. I am beyond
angry.”
Wall
St. Journal,
Dec. 5, 2013: [...] the administration of Prime Minister Shinzo Abe
[succeeded in] railroading a controversial state intelligence bill
through a parliamentary debate Thursday. [...] In ramming the draft
legislation through a special committee on national security, Mr. Abe
made abundantly clear he was willing to use the force of greater
numbers [...] Thursday’s ruckus in the security committee, widely
broadcast on the evening television news, hardly gave the impression
of a united opposition tackling an overreaching government, or a
patient administration with a sympathetic ear to opposition concerns.
“It’s making a mockery of parliament,” said DPJ lawmaker
Tetsuro Fukuyama [...]
Xinhua,
Dec. 5, 2013: [...] so outraged was opposition in the committee
meeting Thursday, that [lawmaker Hirokazu Shiba] rose from his seat
and shouted “This is the way the reign of terror begins!” His
fervor led to his fellow lawmakers having to physically restrain
Shiba, as tensions in the meeting reached fever pitch. Meanwhile,
protests comprising more than 7,000 demonstrators continued around
the Diet building, mobilized by civic groups, unions and concerned
individuals, following similar scenes Wednesday that saw more than
6,000 anti-secrecy law opponents march around the Diet building
hand-in-hand.
Variety,
Dec. 5, 2013: The film industry worries that not only might the
legislation help the government cover up embarrassing situations –
like the mismanagement at electricity generator TEPCO whose nuclear
reactor at Fukushima melted down after the tsunami – but that
film-makers may once again be required to produce propaganda movies.
Japan
whistleblowers face crackdown under proposed state secrets law
Officials
who leak 'special state secrets' and journalists who seek to obtain
them could face prison if bill is approved this week
5
December, 2013,
Whistleblowers
and journalists in Japan could soon find themselves facing long
spells in prison for divulging and reporting state secrets, possibly
including sensitive information about the Fukushima nuclear disaster
and the country's souring relations with China.
Under
a special state secrets bill expected to pass on Friday, public
officials and private citizens who leak "special state secrets"
face prison terms of up to 10 years, while journalists who seek to
obtain the classified information could get up to five years.
Critics
of the new law say it marks a return to the days of prewar and
wartime Japanese militarism, when the state used the Peace
Preservation Act to arrest and imprison political opponents.
"It
is a threat to democracy," said Keiichi Kiriyama, an editorial
writer for the Tokyo Shimbun newspaper, adding that the legislation
would "have a chilling effect on public servants, who could
become wary about giving the information" to journalists.
In
the aftermath of the Edward Snowden leaks, Japan has come under
pressure from Washington to better protect state secrets –
including intelligence shared by the US – at a time of rising
regional tensions.
Japan's
prime minister, Shinzo Abe, says the law is crucial if his US-style
national security council, approved this week, is to function
properly.
The
law is seen as part of his conservative project to bolster Japan's
security in response to escalating tensions with China and concern
over North Korea's nuclear weapons programme.
The
state minister in charge of the bill has denied that it would affect
the release of information about radiation leaks at Fukushima
Daiichi. Photograph: Kyodo/Reuters
Abe,
who does not have to fight an election for another three years, is
expected to push ahead with his nationalist agenda, including
constitutional reforms that would end the military's purely defensive
role.
The
secrecy bill's hasty passage through the lower house has been marked
by noisy public demonstrations and opposition from journalists,
lawyers, politicians, academics and scientists, as well as film
directors and manga artists concerned about freedom of expression.
They
say the prospect of prison terms will deter whistleblowers from
leaking sensitive or embarrassing information in the public interest,
and journalists from trying to obtain it.
The
upper house of Japan's parliament is expected to approve the bill
before the end of the current parliamentary session on Friday,
possibly later on Thursday.
The
chief criticism of the bill is its vague definition of what
constitutes a state secret, potentially giving officials carte
blanche to block the release of information on a vast range of
subjects, including measures to counterbalance China's growing
military influence in the region, and the safety of the country's
nuclear reactors.
"There
are few specifics in the law, which means it can be used to hide
whatever the government wishes to keep away from public scrutiny,"
said Mizuho Fukushima, an opposition MP.
"In
its current form, the prime minister can decide by himself what
constitutes a secret."
The
law would apply to four areas – defence, diplomacy,
counter-terrorism and counter-espionage – and gives officials the
power to keep sensitive information out of the public domain
indefinitely.
Senior
politicians insist the law will not be used to gag the press or
restrict the public's right to know.
But
the justice minister, Sadakazu Tanigaki, refused to rule out police
raids of newspapers suspected of breaking the law.
Masako
Mori, the state minister in charge of the bill, said the law could be
applied to Japan's nuclear power industry, because it is a potential
target for terrorists. But she denied the legislation would affect
the release of information about radiation leaks at Fukushima
Daiichi.
Last
week, the secretary general of the governing Liberal Democratic
party, Shigeru Ishiba, angered many when he likened people protesting
against the bill to terrorists. He later apologised for the remarks.
"There
is a demand by the established political forces for greater control
over the people," said Lawrence Repeta, a law professor at Meiji
University. "This fits with the notion that the state should
have broad authority to act in secret. It seems very clear that the
law would have a chilling effect on journalism in Japan."
Widespread
opposition to the law is testing Abe's popularity. A recent poll by
the Asahi Shimbun newspaper found public support for Abe has dropped
to below 50% for the first time since he took office last December.
More than 60% of those polled expressed concern that the bill was
being rushed into law.
In
response, Abe this week attempted to dismiss claims that officials
would abuse the law to prevent the disclosure of information that is
in the public interest. "There is a misunderstanding," he
said. "It is obvious that normal reporting activity of
journalists must not be a subject to punishment."
Abe
said the government would set clearer definitions of state secrets
and appoint a third party to oversee possible violations. Critics
point out that the proposed body, comprising senior officials from
the foreign and defence ministries and the national police agency, is
far from independent.
"What
we need is a third party, not a quasi-third-party system that can
check," said Banri Kaieda, leader of the main opposition
Democratic party of Japan. "I can say with certainty now that
the bill is created by bureaucrats for the bureaucrats to hide
information."
The
prospect of harsh penalties for Snowden-style whistleblowers and
their reporter associates has prompted concern outside Japan.
Reporters Without Borders accused Japan of "making investigative
journalism illegal".
It
said in a statement: "How can the government respond to growing
demands for transparency from a public outraged by the consequences
of the Fukushima nuclear accident if it enacts a law that gives it a
free hand to classify any information considered too sensitive as a
state secret?"
Navi
Pillay, the UN high commissioner for human rights, accused Japan's
government of imposing the legislation with little public debate.
"They should not rush through the law without first putting in
proper safeguards for access of information and freedom of expression
as guaranteed in Japan's constitution and international human rights
law," she said.
The
law reflects a decline in Japan's standing as a protector of the free
press. In the Reporters Without Borders press freedom index for 2013,
it dropped 31 places from 2012 to a new low of 53rd out of 179
countries.
To view articles from the JT on the secrecy Bill GO HERE
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