ヘイト・スピーチ
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1 manolo 2013-09-21 15:52:24 [画像] [PC]
出典：『WEBRONZA（シノドス・ジャーナル）』、桧垣伸次、7/23/2013、「ヘイト・スピーチ規制について ―言論の自由と反人種主義との相克」（http://webronza.asahi.com/synodos/2013072300004.html）（閲覧日9/21/2013）
1-1.
近年、日本でもヘイト・スピーチという言葉がしばしば聞かれるようになり、ヘイト・スピーチを規制するか否かについての議論がなされている。ヘイト・スピーチという用語は、1980年代のアメリカで使われるようになったものであるが*、その捉え方自体が多様であるため、定義は論者によって異なる（そのためか、議論が錯綜していることもある）。本稿では、さしあたり、「人種、民族、宗教、性別等に基づく憎悪及び差別を正当化もしくは助長する表現」と定義する。
*それ以前では、1920～1930年代は人種嫌悪（race hate）、1940年代は集団的名誉毀損（group libel）などと呼ばれていた。
22 manolo 2013-10-31 07:33:59 [PC]
出典： The Japan Times、10/9/2013（Editorials: "Penalizing hate speech"）、 http://www.japantimes.co.jp/opinion/2013/10/09/editorials/penalizing-hate-speech/#.UnGE2lSCjmI
3-1.
The Kyoto District Court on Oct.7 ordered an anti-Korean group, Zaitokukai, and activists to pay some ￥12 million in damages to a pro-Pyongyang school in Kyoto for disrupting classes by staging demonstrations in which they used hate speech against Koreans. The court also banned the street demonstrations within a 200 meter radius of the school.
3-2.
This ruling, long overdue, is important because it has made it clear that speech that fans discrimination and hatred against a specific ethnic group is illegal. Zaitokukai has repeatedly conducted street demonstrations laced with hate speech in Tokyo's Shin Okubo district and Osaka's Tsuruhashi. It must take the ruling seriously and halt such activities.
3-3.
The lawsuits was filed by Kyoto Chosen Daiichi Elementary School in Minami Ward, Kyoto. It requested ￥30 million in damages from Zaitokukai and associated activities and a ban on their demonstrations. Discriminatory phrases were uttered through loudspeakers on three occasions when Zaitokukai activists demonstrated near the school from December 2009 to March 2010. The group claimed that its activities were a legitimate protest against the school's setting up a speech platform for morning assembly in a park without first getting permission from the Kyoto citiy government, adding that its protest should fall under the purview of freedom of speech guaranteed by the Constitution. (The school principal was fined ￥100,000 in a separate case.)
23 manolo 2013-10-31 07:50:55 [PC]
3-4.
The Kyoto District Court based its ruling on the International Conventionon on the Elimination of All Forms of Racial Discrimination, which Japan has ratified. The ruling stated that Zaitokukai and activists' demonstrations near the pro-Pyongyang school and the group's streaming of the demonstrations over the Internet constituted racial discrimination as prohibited by the treaty and as such are illegal. Without using the phrase "hate speech," the court ruling said that the demonstrations terrorized students, made teaching in classes difficult, damaged the environment for quiet education activities, and harmed the honor of the school and its teachers and students.
3-5.
Zaitokukai's claim that its activities are legitimate is unreasonable given the phrase it used near the Korean school - "Throw Korean schools out of Japan," "Children of spies," "Cockroaches, maggots, go back to the Korean Peninsula," "Any Korean who is discriminated against by Japan and feels mortified, go back to the Korean Peninsula," etc. There is a possibility that the online streaming of the demonstrations helped to nurture anti-Korean feelings among some Japanese citizens.
3-6.
It is notworthy that the ruling said it was necessary to se the compensation amount at a level that serves to protect and provide relief to people who were targeted by the demonstrations. Thus it ordered psyment of some ￥12.26million in compensation.
3-7.
The ruling will prompt public discussion on whether a law prohibiting hate speech should be enacted. While such a law might make it easier to crack down on hate speech, there is a chance that the authorities could abuse it by using as a license to silence activities with which they disagree. The best outcome would be for ordinry citizens to reject hate speech and build up a social movement against it.
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