Addressing Hate Speech in Japan through Non-Punitive Approaches

Abstract

This chapter examines Japan’s predominantly non‑punitive strategy for addressing hate speech and asks whether stronger countermeasures are required or justified. It argues that, despite repeated recommendations from international treaty-monitoring bodies, Japan has adopted only incremental measures—most notably the 2016 Hate Speech Elimination Act—rather than comprehensive criminal legislation; that this regulatory gap has been partially filled by national administrative measures and local ordinances that utilize independent expert committees as procedural safeguards; and that regulation of group-directed hate speech in the absence of identifiable individual victims remains controversial. By analyzing the constitutional framework and key judicial decisions, the chapter concludes that any future expansion of countermeasures must remain narrowly tailored, evidence-based, and procedurally constrained to balance harm prevention with the protection of freedom of expression.