The Extent to Which Freedom of Anonymous Expression Is Ensured under the Constitution of Japan
With Reference to Relevant Arguments Based on United States Constitutional Law
2019 Volume 37 Issue 1 Pages 1-12
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2019 Volume 37 Issue 1 Pages 1-12
In Japan, it is unclear to what extent the freedom of anonymous expression is protected under the Constitution of Japan. With reference to relevant arguments based on United States Constitutional law, several conclusions were reached. First, given that anonymity is contributive to ensuring individual dignity, freedom of anonymous expression is protected under Article 21, Paragraph 1 of the Constitution. Second, on the basis of the proposition that expressions intended to infringe the legal benefits on fundamental rights of others can be restricted in the cause of public welfare, anonymity accompanied by such expressions can also be justifiably restricted when there is a need to identify the author. Third, freedom of anonymous “public expression” which is essential to the democratic decision-making process can be restricted in a balance with the public right to know. Fourth, freedom of anonymous “private expression” can be heavily protected except for the abovementioned second point. Fifth, anonymity is in itself protected under the Constitution even in relation to non-expressive activities as a means to maintain individuals’ autonomy and dignity as well as personal sphere.
