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June 2003
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NSK Committee Opposes Media Regulation in Judicial System Reforms
The NSK Editorial Affairs Committee on May 16 issued a statement calling on a government panel to respect the freedom of the press in any justice-system reform.
The warning follows news that a draft report on justice-system reforms contains provisions that might infringe upon of the freedom of the press or further regulate news-reporting activities.
The Japanese legal system uses professional judges to handle all deliberations and rulings in court trials. Japan lacks any equivalent of the jury systems used in North America and Europe.
A government advisory council is now reviewing possible changes to the justice system in the aim of increasing public awareness and involvement, boosting transparency and speeding up court proceedings. One idea being considered is a quasi-jury system that would involve the public in the full process of criminal trials.
Some members of a study panel of the Office for the Promotion of Justice System Reform have said that media activities will need to be restricted to keep jurors free from prejudice in trials.
In March, an opinion paper from the government's reform promotion headquarters called for strict rules for jurors to protect official secrets and a ban on media access to jurors.
The NSK Editorial Affairs Committee issued its statement in response to these potential threats to media freedom associated with the jury-system discussions.
The statement calls on the government panel to respect the freedom of expression and the freedom of the press in its deliberations to realize a justice system that is truly "open to the general public."
Specifically, the statement says:
1) Personal information about the jurors should not be wholly kept secret;
2) Media should be allowed access to jurors who have ended their obligations;
3) The scope and the duration of the non-disclosure duty imposed on jurors should be made as clear and definite as possible; and
4) All provisions obligating the media not to prejudice jurors through "biased news reports" should be entirely eliminated, as such rules, while only declaratory, still risk arbitrary implementation.
Representatives of the National Association of Commercial Broadcasters in Japan and the Japan Magazine Publishers Association took a stance in line with NSK at a hearing of the study panel on May 16.
Following the hearing, the study panel reviewed the opinion paper sections on the regulation of media activities.
The study panel consists of 10 experts, including judges, scholars, attorneys and media people. Only two members openly supported the NSK position, while most of the rest backed the original opinion paper.
The government remains on track to submit a bill to the Diet to introduce a jury system.
Personal Information Protection Bills Enacted Despite Media Concerns
The Personal Information Protection Bill and related bills were enacted in the Upper House by the three-party governing coalition on May 23.
The privacy obligations on the part of the state and local governments took effect upon the bill's proclamation, one week after enactment. Obligations and punishments for private-sector business operators will take effect at the discretion of the cabinet, within two years of the bill's proclamation.
The Diet also adopted a set of resolutions requiring the government to review the laws and take any necessary actions after three years from their enactment. The Social Policy Council will monitor and advise on the implementation of the laws.
The first version of the Personal Information Protection Bill was submitted to the Diet in March 2001. The original version said all private-sector enterprises, including media organizations, would have to respect the fundamental information principles of restricting the purpose of use, acquiring information only through legitimate means and ensuring transparency in the handling of personal information.
Media and other organizations strongly opposed the bill out of fear of tighter restriction of the media. The NSK Board of Directors issued an emergency statement on April 24, 2002, declaring the issue a life-and-death matter for the media and saying NSK would defiantly oppose the bill(see the article in the May, 2002 issue of the NSK News Bulletin Online).
Facing such opposition from various circles, the government scrapped the original bill and submitted an amended bill in March of this year.
The revised bill eliminated all reference to the fundamental principles of the original bill, and incorporated a reference to respect for the freedom of the press in defining the authority of a cabinet minister charged with the bill's implementation. In addition, the bill defined news reporting as activities "aimed at informing unspecified and numerous people the objective facts as facts (including stating opinions or comments based on news reports)."
Despite the changes there is still some opposition to the Personal Information Protection Law on the grounds that there is still too high a risk of infringing upon the freedom of expression and of the press.
Mainichi Reporter Gets 18 Months in Jail for Blast at Jordanian Airport
The Japanese reporter responsible for the May 1 death of an airport security guard and injury of four other people has been sentenced to serve 18 months in a Jordanian prison. The death and injuries were the result of the explosion of a bell-shaped metal device that the reporter had carried into the departure terminal of Amman airport from Iraq.
Photojournalist Hiroki Gomi, of the Mainichi Shimbun's Tokyo head office, was arrested, and following a military court trial, was on June 1 sentenced to prison for negligence resulting in death and injuries, and illegal possession of an explosive.
On June 2, Gomi's defense attorney and the Jordanian prosecutor signed a document accepting the sentence. The Mainichi Shimbun company says Gomi's attorney has since filed an application for a pardon from Jordanian King Abdullah II, saying the explosion was an unintentional accident.
The device was a cluster bomblet that Gomi said he thought was only a remnant of an exploded bomb from Iraq.
After Gomi's arrest, Mainichi President Akira Saito and Managing Director Masato Kitamura flew to Amman, arriving on May 7. They met with Information Minister Mohammed Affash al-Udwan and the chief of the security office at the airport to offer apologies and also visited the family of the security guard killed in the explosion.
On the next day, President Saito was received by the Jordanian king and delivered his apologies. He later also visited the families of the injured.
The Mainichi Shimbun had published an apology in the evening edition of its May 2 issue, along with its first report of the incident. In the morning edition of the May 3 issue, the newspaper carried an official notice of condolences for the dead man and apologies for the injured, saying it would try to compensate for the damages and loss. "Although the incident was caused by negligence by an individual journalist, we strongly feel responsible as the newspaper publisher. Pending the progress of the investigations into the case, we will mete out punitive measures against all the persons concerned in the position of supervision and management," the notice said. The Mainichi had two major Jordanian newspapers carry its apology advertisement on May 6.
In the morning issue of its May 14 issue, the Mainichi used a two-page spread to publish details on the case, together with summaries of Gomi's letters to the newspaper.
The Mainichi said the newspaper company would assume all blame for the incident and cope with all the ensuing problems, adding that it would release all information related to the case to other media organizations.
In his letter, Gomi expressed deep apologies and said he had no idea that the device was still live when he picked it up. He apologized for causing great inconvenience to media people around the world with what he called his stupid act.
As soon as Jordanian prosecutors formally laid charges against Gomi on May 19, the Mainichi announced punitive measures including a temporary halt in salary payments to President Saito.
ASEAN Journalists Study Program Postponed Due to SARS scare
NSK decided on May 14 to indefinitely delay its 26th training program for ASEAN journalists as the SARS (severe acute respiratory syndrome) epidemic showed no signs of ending. The training program was to start in June and to last for one month.
A total of 14 journalists from seven ASEAN countries were to take part in the program aimed at deepening their understanding of Japan.
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Mainichi Shimbun's Kitamura reelected JNPC Chairman
The Japan National Press Club (JNPC) reelected its chairman, Masatou Kitamura, at its general meeting and board of directors' meeting on May 23. Kitamura is the managing director and editor in chief of the Mainichi Shimbun. Asahi Shimbun Senior Managing Director Masao Kimiwada and Nippon TV Board Director and Senior Executive Managing Officer Takashi Kobayashi were named as vice chairmen.
JNPC Secretary-General Harumichi Iwasaki was appointed to hold the additional post of managing director.
The Japan National Press Club was established in November 1969 by Japanese newspapers, wire services and broadcasting companies. Including some foreign correspondents, it has approximately 3,000 members. Specializing in holding press luncheons and news conferences for invited foreign state guests and domestic VIPs, the JNPC is intended to serve the Japanese people's right to know.
Yomiuri, Hokkaido Shimbun Use 'Choro-Q' Toy Cars for Promotion
The Yomiuri Shimbun's Tokyo head company and the Hokkaido Shimbun are getting a favorable response to their sales campaigns of offering specially manufactured "Choro-Q" miniature toy cars to subscribers.
"Choro-Q" is a popular toy car made by major toy maker Takara. It is 48 mm long. Both companies have chosen Takara to supply custom-tailored "Choro-Q" items for promotional drives.
The Yomiuri ordered Takara to supply a total of 60,000 bus-shaped "Choro-Q" items carrying the design of the Yomiuri's mascot to promote its evening edition. It is distributing the cars to sales agents operating under its Tokyo head office. According to the Yomiuri, the sales department has received calls from prospective subscribers who want to get the "Choro-Q" cars. A Yomiuri sales official said the items were originally intended to be used as a tool to promote the evening editions. But sales agents can use the cars as they wish, the official said. He said he hopes the popular toy will help in building the bond between readers and the newspaper.
The Hokkaido Shimbun asked Takara to supply more than 20,000 bus-shaped "Choro-Q" toys with an image of the newspaper's pages to draw new subscribers last summer, and distributed them at promotional events. In response to demand, the newspaper this spring ordered an additional 10,000 "Choro-Q" toys shaped like a newspaper delivery van running in Sapporo City, and is offering them to subscribers through its sales agents. This summer, the newspaper plans to use sports-car-type "Choro-Q" toys to promote its affiliated sports daily.
"Choro-Q," which first hit the market in 1980, has been a best-seller of toy cars with fans ranging from children to adults. According to Takara, it has produced more than 5,000 different kinds of "Choro-Q" cars, with total sales now at 126 million units.
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Japanese Newspapers, News Agencies Seek Balance on Iraq War
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Japanese newspapers and news agencies sent many reporters to Iraq and neighboring countries to cover the U.S.-led war on Iraq. Eight reporters from Japanese print media went with the U.S. military to the front. They either joined units of the U.S. Marines or Army that entered Iraq from Kuwait or went aboard U.S. Navy aircraft carriers in the Persian Gulf. Each media organization put top priority on the safety of the reporters, but some were still unexpectedly involved in combat -- although no one was injured. Using information from the U.S. military, each company still did its best to present news from other perspectives as supplied by their local correspondents and freelance journalists who stayed in Baghdad.
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Newsgathering setup
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Ahead of the U.S. attack, the four major newspapers, the Asahi, Mainichi, Yomiuri, Tokyo Shimbun, and the Kyodo news agency sent more than 10 reporters each to areas around Iraq. After the fighting began they shifted their centers for newsgathering to Jordan, Kuwait, Qatar, Egypt and Turkey. The U.S. military set up its command headquarters in Qatar, and an overland route to Baghdad remained available from Jordan. Kuwait was used by U.S.-British coalition troops to invade Iraq.
The Asahi assigned about 20 reporters to cover the stroy, including the two moving with the U.S. military. Most of the others were in the Jordanian capital, Amman. The Mainichi sent 14 reporters to cover the war, including reporters who entered the Kurdish autonomous area in northern Iraq via Iran and others who remained in Saudi Arabia. The Yomiuri assigned 18 reporters to the story and the Tokyo Shimbun sent out 14 reporters to cover the war.
Kyodo had 17 reporters on the story, including three moving with the U.S. military. A local correspondent in Baghdad kept on sending reports every day and one reporter stayed in the Kurdish autonomous area in northern Iraq.
Jiji Press sent a total of seven reporters to Kuwait, Egypt and other places.
The Sankei Shimbun sent only five reporters to Kuwait, Amman and other locations, arguing that it is "outmoded" to produce newspaper pages from "scribbled notes" from reporters on frontlines. The Nihon Keizai Shimbun relied on only four reporters at its branch office in Bahrain.
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War correspondents
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The Asahi assigned one reporter each to the U.S. Marines and the U.S. Navy to move with the U.S. ground unit and aboard the war ship. The Mainichi, Yomiuri and Tokyo Shimbun sent one reporter each to the U.S. Navy, while Kyodo sent two to the U.S. Army and another to the U.S. Navy. The Yomiuri won a draw to have one reporter join a U.S. Army unit that was to enter Iraq via Turkey. But that plan was cancelled after the Turkish congress refused to grant permission for the use of its territory.
Despite problems the reporters faced with the time frame for communicating with Japan, the war correspondents' articles were not censored. Japanese media organizations later commented on the U.S. military's handling of the war correspondents. The following are comments by officials of the media organizations:
"Amid the information war, we felt somewhat reluctant to see our reporters move with the U.S. military. But we are confident that we could report on some aspects of the war (by assigning reporters to cover the U.S. military)"
"Coverage of the war by reporters on campaign cannot depict the entire picture of the military situation at large. But we compensated for that deficiency with comprehensive news oversight at the head office. We are confident that we comprehensively covered the war without relying excessively on U.S. military announcements."
"We instructed our reporters on campaign not to lose perspective as journalists and not to identify themselves with the soldiers, while reporting on the Iraqi soldiers and citizens who were under attack by the coalition forces"
Some media organizations that did not apply to move with U.S. military units said that aside from the risk to reporters' safety, the U.S. method of coverage remains open to question in terms of reporting on a war.
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Ensuring of safety
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Although each media organization put top priority on the safety of its reporters on campaign, the U.S. Army unit with which a Kyodo reporter traveled stormed into a residential area of Baghdad and engaged in fierce shootouts with Iraqi soldiers. A Kyodo official said that the reporter was exposed to unexpected danger. "We should be cognizant of the constant risk of a reporter on campaign being involved in combat. We should have been more concerned about that risk," he said.
One Asahi reporter saw his Marine unit run into an ambush by Iraqi soldiers. The Asahi asked the U.S. military to allow the reporter withdraw from the unit about 10 days before its entry into Baghdad. But the reporter could only withdraw from the unit just before it entered the Iraqi capital. According to the Asahi, the U.S. military ensured a safe withdrawal for journalists by escorting them to a secure place. "But when actual combat broke out, it was not so easy for accompanying reporters to pull out," the official said.
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Newsgathering activities in Baghdad
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With the withdrawal of Kyodo reporters from Baghdad to Jordan on March 17, there were no reporters left from the main Japanese media in Baghdad. With the fall of Baghdad imminent, a team of Kyodo reporters returned to the city on April 7. A Kyodo official said the reporters returned to Baghdad after hearing that the road linking Amman with Baghdad was comparatively safe. He said it was a major achievement for Kyodo to cover Baghdad's fall.
The reporters from the Asahi, Mainichi, Yomiuri and Tokyo Shimbun reached Baghdad by land on April 11. Jiji Press and the Sankei waited for several more days to determine whether their reporters could enter Baghdad safely.
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Balanced coverage
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While its reporters were leaving Baghdad, Kyodo News continued to deliver articles based on information from the former editor of the English-language Baghdad Observer. That journalist had been serving as a local correspondent for Kyodo News since the Gulf War.
The Yomiuri from time to time carried by-line articles from the former chief of Reuters' Baghdad Bureau, who remained in the city. It also carried reports from correspondents of the Los Angeles Times with which the Yomiuri maintains a news alliance.
Many other media organizations maintained constant contacts with Iraqi journalists or Japanese freelance journalists who stayed in Baghdad. The print media organizations concentrated on publishing background news or analysis articles, relying on experts' views and graphics to compete with TV broadcasting and Internet media providing real-time coverage of the news.
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Nihon Shinbun Kyokai
The Japan Newspaper Publishers & Editors Association
Nippon Press Center Bldg., 2-2-1 Uchisaiwai-cho, Chiyoda-ku,
Tokyo100-8543, Japan
bulletin@pressnet.or.jp.
Copyright 2003 Nihon Shinbun Kyokai
All right reserved
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