NSK News Bulletin Online
February 2006
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Top Media Groups Demand Release of Crime Victims' Names

The Cabinet on Dec. 27 adopted a plan for crime-victim support that includes a controversial clause allowing police to decide whether to release victims’ names.

The Cabinet's endorsement says police should decide whether victims' names should be disclosed on a case-by-case basis.

The nation's two major media groups immediately objected to the Cabinet 's retaining that controversial passage in defiance of repeated media objections.

In a joint statement issued on Dec. 27, the Japan Newspaper Publishers and Editors Association and the National Association of Commercial Broadcasters in Japan deplored the failure to delete the disputed passage from the final plan. Their statement reiterated objections to giving the police the option to render victims anonymous in such announcements and instead demanded full disclosure.

The statement also expressed the media groups’ etermination to keep a close watch, together with the public, on whether the police arbitrarily misuse their new power.

The government continues to insist that the passage in question is not intended to limit media newsgathering or reporting.

The government plan consists of 258 items on supporting and protecting crime victims and is valid for five years to the end of fiscal 2010. It is to then be reviewed in view of the requirements of crime victims and any changes in their situation.

The basic plan on anonymity for crime victims was drafted by an advisory group and then endorsed by the government 's Conference for the Promotion of Measures in Assisting Crime Victims.

The conference has issued the following explanations:

1) The use of anonymity is not aimed at limiting the freedom of newsgathering or reporting;

2) The use of anonymity is strictly limited to police announcements of crimes or accidents and will never be applied in other ways;

3) Police will never refuse to release the names of crime victims who desire to have their names published;

4) The anonymity option is not intended to allow “arbitrary” judgments nor to encourage anonymous announcements by the police;

5) The plan will not bring any new authority to the police; and

6) When using anonymity in an announcement, the police will explain why they did so and be open to consultations (with the media).

Asahi Shimbun Announces Sweeping Editorial Reforms

The Asahi Shimbun on Dec. 26 announced editorial reforms prompted by the scandal over fabricated election reporting by a reporter at its Nagano branch (see September and October NSK News Bulletin Online).

A panel of senior editors and reporters called the “Committee to Restore Reliable News Reporting,”drafted the reforms, which were then adopted by the Editorial Reform Committee drawn from Asahi board members.

The reforms will extend and improve the training of new reporters, introduce a duo-managing editor system at the Tokyo head office, and create a system for readers to evaluate published articles.

To eliminate problems of vertical segmentation in administration, the plan includes drastic organizational changes and the strengthening of regional networks for newsgathering. An Asahi spokesman said the changes are being implemented as swiftly as possible.

In addition, the Asahi on Jan. 1 set up a so-called Compliance Committee to enforce and monitor the observance of rules and regulations.

Under the plan, orientation for new reporters will be extended from 15 days to about two months, starting this year. New reporters will be taught the basics of journalism and fundamental legal knowledge needed for newsgathering. For mid-career reporters with past service of up to 15 years, re-training will bring them up to date with changes in the times and in society. The training will be handled through an Asahi School of Journalism, which will be a public educational and research institute open to any journalist.

In organizational changes, the managing editor at the Tokyo head office will see his job split into two, with one part being an editor and the other focusing on training and planning activities related to reporters, personnel affairs and administration. At the head offices in Tokyo and Osaka, the current division-based structure is to be replaced by a simplified structure with less red tape. In the Tokyo editorial department, a special-assignment task force will support investigative reporting.

The Compliance Committee, chaired by Asahi CEO and President Kotaro Akiyama, will include two members from outside the company.

These changes are a response to a number of problems including the fabricated election reporting scandal that made setting up an in- house compliance scheme a top priority. The Asahi in-house compliance regulations and new code of conduct will go into effect in April accompanied by incentives for whistle-blowers to report violations.

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Freelance Journalist’s Lawsuit on Court Access Rejected

On Jan. 25, the Tokyo District Court dismissed a freelance journalist's lawsuit against the press club system and court discrimination against freelance reporters, ruling that courts have no legal obligation to meet media demands for seats in courtroom galleries nor for the issuance of copies of rulings.

The freelance journalist had sought 2.48 million yen in compensation on the grounds that his access to the courts was limited because he was not a member of a press club. He called the restrictions unfair discrimination against freelance journalists and an obstruction of the freedom of the press guaranteed under the Constitution.

He cited his attempt to cover a trial at the Sapporo District Court in April 2003. He said he had contacted court staff to get a seat in the gallery and a transcript of the ruling, but both requests were denied.

In July of the same year, he was ordered by a court staff member to leave his seat in the gallery of the Tokyo District Court while covering a hearing of another case. He was told he was sitting in a spot reserved for a press club member.

The freelance journalist argued that these acts infringed upon the freedom of newsgathering and reporting and that unjustified discrimination between press club members and other journalists violates the Constitution.

The Tokyo District Court ruled that while freedom of the press is guaranteed under the Constitution, that clause means state authorities should not intervene in media activities, but does not include a right for media to demand any particular deeds or services. The ruling said seats for reporters in courtroom galleries and the distribution of copies of decisions are merely services offered by judicial authorities, not rights.

On the plaintiff’s claim that only members of press clubs benefit from such services, the ruling said courts cannot assess which media or reporters should get priority seating, adding that a clear objective standard might be needed.

For press clubs covering courts in Hokkaido and Tokyo, the court said the clubs formed by member reporters from media organizations such as newspapers and broadcasting stations have the mission of prompt delivery of the news. “Both clubs have been serving their functions as a base for newsgathering and are expected to support speedy and accurate reporting of the trial to the public,” the court said.

The ruling concluded that there are legitimate reasons for courts to treat press club members differently from freelance journalists.

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Record Snows on Japan Sea Coast Disrupt Newspaper Industry More than 90 people died in snow-related accidents from December through January as record snows hit wide areas of the western and northern part of the country along the Sea of Japan. In some of the Tohoku and Hokuriku regions, the snows disrupted the production and delivery of newspapers. In Niigata Prefecture, heavy snow on transmission lines caused a power failure on Dec. 22, blacking out 650,000 households. The Niigata Nippo, the largest local daily, had to cut the page count of its Dec. 23 morning issue. In Akita Prefecture, newspaper deliveries to kiosks and subscribers were delayed by heavy snow in early January. In some parts of Nagano Prefecture, deliveries to some isolated communities are still suspended. As heavy snow usually comes in February, newspaper publishers are worrying about the coming weeks. On Dec. 22, a large-scale power failure at around 8 a.m. left some areas without electricity until 3 p.m. the next day. The Niigata Nippo managed to print its Dec. 22 evening issue by using a private power generating system. But, its system for transferring printed copies to delivery trucks was still inoperative because of the power outage and newspaper staff did the job by hand. With power supply still unsure, the newspaper cut its page count for the Dec. 23 morning issue from 32 down to 24. By the time of printing, the power was back, but just in case, they stayed with the reduced page count. With editorial deadlines moved up, there were few disruptions in terms of physical transportation and deliveries, although the printed papers arrived at some sales agents slightly late. In Akita Prefecture, the heavy snows peaked on Jan. 5 and 6, disrupting the deliveries of all local newspapers. In the case of the Akita Sakigake Shimpo, delivery was delayed by hours or put off until the next morning in some areas. Officials of some local newspapers said that delivery was relatively smooth in rural areas as people there are accustomed to snow-removal work. But in urban areas, it took extra time to deliver newspapers to subscribers who had been cut off by breakdowns in public transport systems, they said.