Are The Tests Really Changed? : Cases on Mass Communication and Freedom of Speech in This 40 Years (<Special Feature>Situation of Social Communication and Transformation of Media)

Abstract

The Supreme Court in Japan used "public welfare" test to restrict freedom of speech many times in the 1940's and 50's. However,lately the Court uses other "tests" instead. For example, once in the Hakata-eki(station) case (1969), the Court adopted ad-hoc balancing test in "privilege" context in (subpoenaing of video tapes of the media) and, in the Inspection by the Custom case(1984), the Court said "the article 21 section 2 of the constitution absolutely inhibits censorship". The Court, nowadays, seemingly admits "preferred position" of freedom of speech, but it is not clear what kind of restriction on speech is banned by the Constitztion and what is not, On the other hand, the pmoblem concerning defamation and privacy is one of the most disputable problems in Japan. The Court has established some precedents on this problem. Proof of truth (see article 230 II of the criminal law) is one of the most important defenses but it is said that this is becoming a difficulty for the media to clear.