NSK National Convention Pledges to Uphold Media Responsibility
A total of 525 officials of NSK member companies attended the 58th National Newspaper Convention on Oct. 18-19 in Kobe City.
At the opening ceremony, NSK conferred its 2005 Awards for remarkable contributions to the newspaper industry.
The annual convention also adopted a special resolution:
¡ÈToday being the 60th anniversary of the end of World War II, the world is still in an uncertain situation, as shown by rampant terrorism and growing ethnic conflict. In Japan, the people face an uncertain future marked by an aging society with a falling birthrate, grave natural disasters and worsening environmental problems. Under the circumstances, the Japanese people are expecting newspapers to set out a solid path for the realization of a vibrant society filled with hope.
¡ÈOn the occasion of this 58th National Newspaper Convention, we in the newspaper industry reaffirm the importance of freedom of speech, and pledge to squarely confront any move to undermine it. We also pledge to do our utmost to fulfill our duties as the newspaper industry.¡É
NSK Calls for Disclosure of Real Names of Crime Victims
The Nihon Shinbun Kyokai (NSK) on Oct. 21 gave the government a written opinion, demanding that the police adopt a general policy of releasing the real names of crime victims.
The opinion was submitted in response to the government's plan for the protection of crime victims. Concerning the controversial release of crime victims¡Ç real names, the government plan says in part that police should attempt to make an "appropriate" announcement on each individual and practical case while respecting personal privacy. NSK maintains that police should generally reveal the real names of crime victims, therefore demanding that the clause in question be deleted from the government's plan.
The NSK written opinion argues that:
1) Police announcement of real names is indispensable for the accurate and objective collection of information, dating, verification and reporting of criminal cases and accidents; and
2) News reporting of criminal cases and accidents is necessary for society at large to share grief and anger, ponder the causes of crime, prevent recurrence and ultimately eradicate crime and accidents.
The statement acknowledges that it is a separate issue whether the media should publish the names of victims announced by the authorities. NSK said it should be left to the discretion of media whether to publish the names, adding that media will tackle problems that might arise from their reporting, including taking the consequences of misusing their responsibility.
The written opinion also says that not only administrative authorities but also the media are responsible for announcing crimes and accidents and it is a matter that involves relief for victims as well as the people¡Çs right to know -- two different kinds of public interest. Thus, the NSK statement calls on the government to refer the matter to a venue for serious discussion between the media and police, instead of one-sidedly taking up the issue from the standpoint of an administrative policy only for the relief of victims.
District Court Rules that Reporter Can Withhold Source, Decision Under Appeal
The Niigata District Court ruled Oct. 11 that an NHK reporter was justified in refusing to reveal a news source in connection with a civil lawsuit that a U.S. health food company filed in the United States over the taxation of its Japanese subsidiary in 1997. The ruling on the reporter's rights is now being appealed.
The presiding district court judge ruled that a reporter¡Çs refusal to disclose the news source is legitimate in light of the Code of Civil Procedure that allows witnesses to refuse to testify on ¡Èprofessional secrets.¡É The judge followed a 1979 precedent set by the Sapporo High Court in a similar case.
The examination of the NHK reporter, who was not identified, came in connection with a lawsuit by a U.S. health food company, also not identified, against the U.S. Internal Revenue Service over the taxation of its Japanese subsidiary. In 1979, Japanese media reported on the Japanese tax authorities¡Ç imposition of punitive taxes on the U.S. company and its Japanese subsidiary. The U.S. firm sued the IRS, claiming that the unauthorized publication by the Japanese media of its tax data, which the IRS gave to the Japanese tax authorities, hurt its credibility. Officials and reporters of nine Japanese media organizations, including NHK, have been called to testify as witnesses for the U.S. court.
The examination of the NHK reporter was held at the Niigata District Court in July this year. Out of about 30 questions, the reporter refused to testify on four topics that pertained to his ¡Ènews source.¡É The U.S. food company asked the court to rule on whether his refusal was justified.
The ruling said that a reporter¡Çs disclosure of news sources is commonly seen as destroying the relationship of trust between the reporter and the news source and might expose the news source to disciplinary punishment or prosecution, thereby constraining the reporter¡Çs future newsgathering.
The court concluded that the matters on which the reporter refused to testify fall into the category of ¡Èprofessional secrets.¡É Stating that the reporter¡Çs testimonies on his news source were not vital to a fair trial of the case, the court turned down the U.S. food firm¡Çs demand.
The U.S. firm appealed to a higher court on Oct. 18.
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Yomiuri, Nippon Paper Develop Air-Purifying Newsprint
The Yomiuri Shimbun has developed, jointly with Nippon Paper Corp., newsprint paper that purifies the air when exposed to light.
The Yomiuri used the new paper for a special advertising supplement for the 2005 Tokyo Motor Show (see photo). The supplement was distributed at the venue from Oct. 22 through Nov. 6, and was inserted into the Yomiuri¡Çs daily newspaper for distribution within Tokyo's 23 wards.
The newsprint is coated with titanium oxide, a photocatalytic agent that breaks down unwanted substances when exposed to light. The two companies managed to overcome a technical problem of photocatalytic reactions that deteriorates the fabric of the paper, by using an improved slightly-coated paper while boosting its printing adequacy for rotary presses.
To maximize the air-purifying effect, the ink-free blank space had to be as large as possible. The Yomiuri therefore kept most of the front page of the supplement blank, printing a notice explaining the reason. The Yomiuri also had to adjust the volume of water it used in production, as the newsprint was less absorbent as a result of the coating.
A Yomiuri official said the paper will offer the air-purifying newsprint as an option for advertisers marketing environmentally friendly goods and services.

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Scholar Warns Of Growing Public Demands for Media Regulation
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Osaka University law professor Shigenori Matsui gave a critical keynote speech on Oct. 19, the second day of the 58th National Newspaper Convention in Kobe City. In his lecture, ¡ÈJournalism and Its Public Nature,¡É he warned that the Japanese public is beginning to doubt the public nature of the mass media. He argued that people are even starting to see the "public nature" of the mass media, if anything at all, as a means to justify state regulation, not a reason for full freedom of expression. He called on the media to gather news and report it in a way that will convince the people of the essential value of the media.
In summary:
The professor said Japanese journalism is in a crisis. Litigation against the media, such as libel suits, is rising and compensation awards are skyrocketing. The media have rightfully strongly objected to the Personal Information Protection Law enacted recently and the government-proposed Human Rights Protection bill. Both deserve criticism for proposing state control of the media without court trials. But, the media's condemnation has had little impact on the National Diet. This is primarily because the public is looking closely and critically at the media. Many people now want the government to control newsgathering and reporting by the mass media. Even in the academic world, supporters of freedom of the press are in the minority and those advocating controls to protect so-called victims of the press are in the mainstream.
The mass media is partially to blame for the current situation. At the same time, the situation mirrors a shift in the public mind-set on freedom of expression and the function of the mass media. In the past, the public took it for granted that the mass media was indispensable for a democratic society and that the mass media fulfilled a necessary public function. Today, that public nature of the media is openly questioned.
Among the Japanese public, complaints are mounting about the public nature of the mass media, because the media have failed to convince the public of their significance.
There is also another paradoxical argument to the effect that the mass media should meet obligations of a public nature, leading to the conclusion that the government must supervise the media to ensure that it serves the public interest. This trend creates a high risk of debate on the media encouraging a view that government control is in the public interest, rather than the view that the public interest is served by protecting a free media's right of freedom of expression.
Behind this shift lies a degeneration of the foundation on which the media was always seen as having a positive public nature. There are rampant troubles with the media, starting with the so-called ¡Èmedia scrum" -- excessively aggressive pack reporting that amounts to harassment of subjects and witnesses of the news. This media misbehavior has turned the nation against it. Many people see the mass media as preying on people¡Çs misfortunes in order to make money, misusing the media's public role for convenience only.
Especially among younger people, respect for personal individual freedom outweighs the public interest and they believe that society should not interfere in private personal lives. The media still respond that that they are conducive to democracy and their activities must be protected. But many people see the media¡Çs public activities as a danger to individuals. As a result, many would prefer to have their government and administrative authorities crack down on what they see as media excesses.
What the media must do now is to restore the previous status quo, step by step. Current newsgathering, the press club system and publication of statements without named sources must all be reviewed. The media must also start reporting in a way that shows the public the benefit of their function. Many people feel that something is missing in today¡Çs media coverage.
Perhaps, Japanese media should make known their positions on key national issues, just as leading U.S. media do during presidential elections. Japanese media should be more assertive on important issues, in addition to reporting the basic facts.
At the same time, the media must set up a system to educate and train reporters and editors to handle duties of a public nature, especially helping them to obtain expert knowledge in legal matters. Each media body must have an attorney in regular service, but reporters themselves must learn and follow the laws on the mass media.
I pin high hopes on journalism over the Internet. The Internet might provide new chances for newspapers and other media to actively start new undertakings.
It is suicidal for the mass media to limit freedom of expression to meeting the interests of readers or viewers as mere ¡Èrecipients¡É of media information. The mass media must deeply reflect on its own public nature, and strive to get more-involved public support so that the public sees the media¡Çs freedom of expression as merely an extension of its own freedom of expression.
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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 2005 Nihon Shinbun Kyokai
All right reserved
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