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NSK News Bulletin Online
May 2009
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* ¡ÈHappy News¡É Prizes Awarded, Happy Stories About Proud Brother, Olympians
* NSK Survey: Video Content, Mobile Services reflect Trend into Digital Media
* Kyodo: New Manifesto for News Agency Journalists Syncs with Multimedia Era
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*Topics
Psychiatrist Found Guilty of Leaking Investigation Records, Appeals Ruling
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Story of the Month>>>
Court-Ordered Damages, Libel Awards Chill Climate for Magazine Publishing
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¡ÈHappy News¡É Prizes Awarded, Happy Stories About Proud Brother, Olympians

NSK held a ceremony at the Press Center Hall in Tokyo on April 2 to honor the winners of its annual ¡ÈHappy News¡É awards. The winning newspaper readers were selected on the basis of articles they submitted for NSK¡Çs annual search for the news stories that made readers the happiest in the fiscal year 2008.

A total of 10 ¡ÈHappy News¡É submissions were selected as winning articles -- one of them taking the grand prize. Nine articles were selected for ¡ÈHappy News -- Youth¡É prizes, with the awards for the nominating young readers being divided equally among elementary, junior high school and senior high school students. The award for being the ¡ÈHappy News Person¡É of the past year cites the individual whose actions as reported in a newspaper brought the most joy to readers.

It was the fifth year of the competition, with one of the awards going to Nobuharu Asahara, the veteran sprinter who won a bronze medal in the men's 4x100-meter relay at the Beijing Olympics last summer. Anchoring the team, Asahara helped Japan win its first Olympic medal in 80 years in track and field.

Female TV personality Kaori Manabe presented certificates and trophies to winners including Asahara, selected as a ¡ÈHappy News Person¡É, grand prize winner Tomoko Kawano, a 53-year-old woman from Bungo-Ono City, Oita Prefecture, and schoolboy Rin Yonezu, a 7-year-old elementary school pupil who won the ¡ÈHappy News Person¡É of the year prize.

That top prize was based on Kawano¡Çs submission of an article from the Oita Godo Shimbun. The article about schoolboy Rin from Ashiya City, Hyogo Prefecture, appeared in the morning edition of Jan. 12, 2009. Rin was born after the 1995 Kobe Earthquake, in which his brother Kuniyuki, then 7, and sister Miri, then 5, were killed. His father had recovered Kuniyuki¡Çs school bag from the debris of the apartment in which the family had lived and had kept it for more than 10 years as a memento. Last spring, when Rin reached the age to enter a local elementary school, his father asked him whether he wanted to get a new school bag. Rin replied, to his father¡Çs delight, he wants to use his deceased brother¡Çs worn school bag, saying ¡ÈI want to carry my brother¡Çs bag on my shoulder.¡É

In her submission about the story, Kawano wrote that the article had deeply moved her and had filled her with emotion about Rin¡Çs deep respect for his late brother. The judges agreed and named Rin the ¡ÈHappy News Person¡É of the year based on her comments.

A special ¡ÈHappy News Person¡É prize went to Asahara in honor of all the Japanese athletes whose performances at the Beijing Olympic Games prompted many readers to send in Olympics-related submissions as ¡Èheart-warming¡É articles.

A special ¡ÈHappy News¡É prize went to the Meijo University-attached senior high school in Nagoya City and to the Osaka Prefectural Korigaoka Senior High School, where many students had sent in submissions for the ¡ÈHappy News¡É campaign for a number of years.

At the awards ceremony, the participants and prizewinners received a 12-page, full-color, tabloid-size ¡ÈHappy News Newspaper¡É featuring all of the award-winning happy articles and an interview with singer-TV caster Sho Sakurai.

There was a record total of 10,749 submissions for this year¡Çs competition. That included 7,376 submissions from senior high school students as well as from some other, younger students.

Takuo Takihana, chairman of the Yomiuri Shimbun¡Çs Tokyo head office and head of the NSK Committee for Promoting Newspaper Media, said in a speech at the ceremony that he was delighted to see the numerous submissions from so many young people. He said, ¡ÈThe word on the street is that modern youth don¡Çt read newspapers¡Ä but we are very happy to declare that¡Çs obviously not true!¡É

Winners of the Happy News Prizes
Tomoko Kawano, grand prize winner, front row, second right
Rin Yonezu, Happy News Person of the year prize winner, front row, third right
Nobuharu Asahara, Happy News Person special prize winner, front row, first right


NSK Survey: Video Content, Mobile Services reflect Trend into Digital Media

The NSK Digital Media Development Committee on March 26 released the results of its 2009 internal survey on the state of the electronic media.

According to the annual survey, an increasing number of NSK member firms are offering video content and images of their print editions on their Web sites, capitalizing on the stepped-up penetration of high-speed ¡Èbroadband¡É Internet.

With prospects for circulation and ad revenues from print editions waning, many media firms are developing new revenue sources through multimedia businesses, including pay services delivering content to mobile phone users.

The survey tracks entries into the electronic media field by NSK member companies, as well as evaluating their business strategies. A total of 87 member companies responded to the latest survey.

As of Jan. 1, a total of 47 companies -- up by five from last year -- were providing moving images, or video content, on their Web sites, with staff reporters shooting and presenting the video material. More firms launched new projects to offer material via external Web sites specializing in sharing and/or posting video content. For instance, the Saga Shimbun opened an official channel on the ¡ÈNICO NICO DOUGA¡É video posting and sharing Web site, in October 2008. The Asahi Shimbun set up its own channel on the ¡ÈYouTube¡É video-sharing Web site in March of this year.

Many of the survey respondents categorized their initiatives as content-providers for mobile phone users and other mobile information devices as businesses with profitable prospects leveraging the existing high diffusion rate for newspaper circulation in Japan and the established associated billing systems. However, some respondents expressed concern about a prospective collapse of the business model of targeting mobile phone users as such devices begin to incorporate more advanced functionality enabling users to access conventional Web sites for PCs and thereby freely obtain information that had previously needed to be specially formatted and packaged for mobile phones.

The latest survey found that a total of 69 firms -- up four from last year -- are providing information specific to mobile phone users and that four have begun to bill users of their sites over the past year. For instance, the Kahoku Shimpo, the Akita Sakigake Shimpo and the Yamagata Shimbun have all started providing news content to paid subscribers via the ¡ÈDisney Mobile¡É site for mobile phones. Disney launched the service as a Mobile Virtual Network Operator (MVNO) by leasing access to an underlying network of base stations from Softbank Mobile. The Asahi Shimbun and the Sankei Shimbun have both started services to provide information directly to users of ¡Èsmartphones¡É such as iPhone-style devices.

Of the 19 media companies now providing images of their print editions, 10 are charging fees for the service. Starting in April, the To-o Nippo Press and the Yamagata Shimbun started providing electronic editions on their respective Web sites for paid subscribers so that readers living in areas outside of Aomori and Yamagata prefectures can read all pages on PCs.

The survey also found that 50 media firms -- up 2 from last year -- had already entered the database retrieval business, charging user fees. Only 38 member companies had entered this field as of 2007. The databases of these companies are now also accessible via membership database service sites such as ¡ÈNikkei Telecom 21¡É and ¡ÈG-Search.¡É

The number of Web sites run by NSK member companies has increased by 16 over the past year to 188. New sites include movie-centric ¡ÈCinema Hochi,¡É run by the Hochi Shimbun, publisher of the sports daily ¡ÈSports Hochi.¡É The Nikkei Shimbun likewise runs its own specialized ¡ÈWebCG¡É site for car lovers. Other sites are also springing up, many providing a specialized focus to better respond to readers¡Ç desires.

According to the survey, a total of 31 companies -- up eight from the previous survey -- now offer QR codes, which unable internet access via mobile phones with camera. And 38 companies, or up one from last year, have blogs linked to their Web sites, while nine firms -- also up one from last year -- are operating social networking services (SNS).

The survey found that NSK members are increasingly integrating digital media divisions into their editorial departments through organizational reforms, thereby centralizing and consolidating editorial operations for both print and online editions.

Companies that made such organizational changes over the past year include Kyodo News, the To-o Nippo, the Akita Sakigake Shimpo, the Kanagawa Shimbun, the Kyoto Shimbun, the Sanyo Shimbun, the Nishinippon Shimbun and the Kumamoto Nichinichi Shimbun.



Kyodo: New Manifesto for News Agency Journalists Syncs with Multimedia Era

Leading Japanese news agency Kyodo News has unveiled what it calls a ¡ÈNew Manifesto for News Agency Journalists,¡É outlining the tasks and new challenges for news agency reporters in the multimedia era.

In its declaration, Kyodo News says it will aim to provide content in different forms ranging from text, to movies, to multiple types of media. To this end, it will deploy reporters strategically to reinforce its newsgathering capabilities, it said.

Shuichi Ito, a director and managing editor at Kyodo News, said, ¡ÈThe entire media environment is undergoing sweeping changes. Today, anyone is able to send out information, meaning that the raison d¡Çetre of the media is being called into question¡Ä This is why we must redefine the mission of a news agency in this new era.¡É Ito said that, ¡ÈIn the era of multimedia, we must reaffirm the critical importance of freedom of the press as the main core of the spirit of journalism, and our new declaration therefore incorporates this focus.¡É

The manifesto addresses five main elements:

1) the use of diverse means of expression;

2) enhancing the influence of the ¡Ènewspaper¡É;

3) transmitting content in diverse forms at home and abroad;

4) reinforcing collaboration with corporate subscribers; and

5) adapting to globalization.

On the use of more diverse means of expression, the manifesto calls for Kyodo to provide video content in addition to text and still photos. By this June, about 700 reporters active in the front lines of newsgathering in Japan and abroad are due to be issued video cameras. ¡ÈIt may take time for reporters to get accustomed to video cameras. For the time being, they will be asked to carry the devices at all times,¡É Ito said.

In order to help enhance the influence of newspapers in the Internet era, Kyodo is set to proactively provide backgrounders, analytical articles and prognostic yet accurate articles. ¡ÈToday, people can obtain breaking news through the Internet. Our reporters on the front lines should therefore recognize the reality that people still expect newspapers to provide them with in-depth articles,¡É Ito stressed, adding that Kyodo will address the challenge of nurturing specialist reporters deeply versed in particular subjects.

The manifesto says Kyodo will provide a full range of content to diverse receiver audiences via devices including mobile phones. As one of Asia¡Çs leading representative news agencies, Kyodo will also send out content in multiple languages, including English and Chinese. While optimizing the delivery of content in a manner best suited to the specific characteristics of respective forms of media, Kyodo will also deliver detailed information, such as schedules of upcoming news conferences, as swiftly as possible, in addition to presenting its regular news content.

On reinforcing collaboration with newspapers, radio and TV broadcasters as well as other corporate subscribers, Kyodo will promote joint editorial projects and exchanges of articles and video content with subscribers. Ito said that subscribers, mired in the harsh business environment, want higher value-added content from Kyodo. By collaborating with local subscriber newspapers, which maintain overwhelming newsgathering might in their respective areas, Kyodo will contribute to enhancing the versatility of the newspapers¡Ç editorial content and to the exploitation of their ¡Ènew markets,¡É he said.

The manifesto states that Kyodo will also assign reporters strategically to cope with the demands of globalization. To date, it has been customary for young reporters to first be assigned to local Kyodo branches for about eight years. However, starting in May, such assignments will be cut to four to five years. Following up on their experience in local areas, reporters will then be transferred directly to the head office in Tokyo to work there for about three years, and will later be re-assigned to local branches for two to three years.

By way of example, reporters on the beat at the Metropolitan Police Department in Tokyo will be sent to local areas as heads of a team covering the prefectural police. Reporters from the economic news division in Tokyo might be deployed to a so-called ¡Ècompany town¡É in regional areas. ¡ÈOur strategic deployments aim to encourage reporters to fully utilize their new experience at the head office and to thereby boost their motivation,¡É Ito explained.

The major social issues at the heart of newsgathering are transcending borders. As a result, staff members from the foreign news division need more exposure to civic and economic news in Japan before going to overseas branches as correspondents. Also as a part of the new changes, more reporters from other sections will be assigned to join members of the foreign news division at overseas branches, working there as foreign correspondents as well, according to Ito.


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Psychiatrist Found Guilty of Leaking Investigation Records, Appeals Ruling

The Nara District Court on April 15 issued a suspended four-month prison term to a psychiatrist who leaked investigation records about an arson-and-murder case involving a minor. The doctor was released on three years probation.

The information that the doctor had leaked was used by a freelance journalist to publish a book on the case in which a then 16-year-old boy set fire to his home in June 2006, causing the death of his mother and two siblings.

Presiding Judge Kyoji Ishikawa that the disclosure was not to the benefit of the boy and that the psychiatrist¡Çs act violated the boy¡Çs privacy, adding that his method (of leaking the confidential information) was entirely inappropriate. The defendant, Dr. Morimitsu Sakihama, 51, immediately appealed the ruling.

The ruling found Sakihama guilty of violating Article 134 of the Criminal Law, which prohibits doctors, attorneys and some other professionals from leaking without due cause any secrets they might obtain in the conduct of their profession. It was the first court ruling regarding a confidential information leak of its kind since 1978, when the Supreme Court began recording such cases.

According to the ruling, Sakihama showed freelance journalist Atsuko Kusanagi the investigation records on the boy, including the boy¡Çs depositions and the results of the psychiatric evaluation of the boy, on three occasions in October 2006. Sakihama conducted the psychiatric examination of the boy and concluded that the boy was suffering a pervasive developmental disorder.

Journalist Kusanagi photographed the investigative records without Sakihama¡Çs permission and used the information as a major source for her book, titled ¡ÈI Decided to Kill My Dad,¡É which was published by Kodansha Ltd.

The defense counsel for Sakihama argued that the psychiatrist showed the documents to the journalist with the good intention of discouraging people from labeling the boy a murderer and of dispelling misconceptions about pervasive developmental disorder. The defense also argued that nothing was wrong with the defendant¡Çs method as he made the journalist promise not to make photocopies of the documents, not to quote directly from the documents, and to allow him to check the manuscript for the book before its publication. The journalist broke all of those promises.

However, presiding Judge Ishikawa rejected the defense¡Çs claim, characterizing his actions as ¡Èself-righteous and careless, lacking consideration for the boy¡Çs privacy.¡É Noting that the doctor had allowed the journalist to freely read the investigation records without being present, the judge said even the doctor¡Çs method (of leaking the confidential documents) was inappropriate. ¡ÈEven if his act was only to cooperate in the process of newsgathering, it cannot be justified as being based on good grounds,¡É the judge concluded.

The ruling defined ¡Èpsychiatric examinations¡É as a professional act conducted by psychiatrists that is subject to the relevant patient protection law, and that the depositions by the boy should also have been be treated as ¡Èconfidential documents¡É that could not be legally shared due to the doctor¡Çs duty of confidentiality to his patient.

Presiding Judge Ishikawa acknowledged that case was not only about the legal question of whether Article 134 of the Criminal Law was applicable, but also about the broader question of the freedom of news reporting and of the press, as well as about the protection of sources of information used in newsgathering.

In this context, the judge pointed to the book, which extensively quotes directly from the investigative records in a manner contrary to the defendant¡Çs intent. ¡ÈThe defendant did not foresee the publication of such a book. Therefore, the defendant is not the only person who should be blamed for all the consequences of the publication of the book,¡É he said.

Regarding the rights and wrongs related to the freelance journalist and the publishing house, however, the presiding judge said that those issues were not a matter to be judged in his court and should instead be left to the discretion of the parties in the news reporting and publishing business.

The local prosecution in Nara Prefecture arrested the psychiatrist in October 2007 after receiving criminal complaints from the boy and his father. However, the prosecution did not indict the journalist as they found it difficult to prove that the psychiatrist and the journalist had conspired.

After hearing the court ruling, the journalist Kusanagi issued a statement through her attorney, saying that she strongly protested the ¡Èunjust¡É ruling for denying the people¡Çs legitimate activity of freedom of expression and speech. The publishing house Kodansha issued a statement strongly protesting against what is called the court¡Çs ¡Èunreasonable¡É decision, accusing the court of merely adopting the prosecution¡Çs arguments. However, Kodansha did issue an apology to the psychiatrist, who it said had been found guilty on a ¡Èbaseless charge.¡É

Some commentators criticized the court ruling for lacking respect for the reporter¡Çs duty to gather and report the news. Others voiced apprehension about the ruling having a potential chilling effect on news sources, thereby interfering with the people¡Çs right to know.


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Story of the Month>>>

Court-Ordered Damages, Libel Awards Chill Climate for Magazine Publishing

A Japanese court has ordered a major publishing house to pay record compensation exceeding 40 million yen for running a groundless report in a weekly magazine. The offending report had printed false allegations of match-fixing in Japanese sumo bouts.

In a separate libel lawsuit also brought recently, the president of a major publishing house was ordered to pay compensation for damages caused by his failure to exercise adequate oversight with respect to a libelous magazine article.

Alarmed by the court rulings against the magazine publishers, media insiders have voiced concern over what they call a chilling effect on the media. But there are also growing calls for a change in the journalistic reporting style of tabloid magazines. A number of medial specialists have commented on the background to the recent court rulings and their repercussions in the media.

On Feb. 4, the Tokyo District Court ordered Shinchosha Publishing Co., the publisher of the popular weekly magazine Shukan Shincho, to pay 3.75 million yen in damages to former sumo grand champion yokozuna Takanohana, who runs a sumo stable, and his wife, for a series of articles in which the magazine carried comments that the court found had defamed the couple. The articles referred to an alleged bout-fixing deal involving Takanohana, as well as to a family dispute over succession after the death of Takanohana¡Çs father, who was also a sumo great.

In an unprecedented step, the court found the president of the publishing house responsible for the defamatory acts by way of being a board member of the company. The court applied Clause 3 of Article 266 of the former Commercial Code (now the Corporation Law), which stipulates that board members as individuals must take the blame when a company suffers damages due to serious misconduct by its board members.

Ryoukichi Yama, chairman of the Japan Magazine Publishers Association¡Çs Editorial Ethics Committee and a director of Shogakukan Inc. in charge of legal and rights affairs, said he has doubts about the propriety of the court¡Çs applying an article of the Commercial Code to a libel suit involving the media.

Outlining a specific route for presidents of publishing companies to avoid libel suits, the ruling set conditions:

1) publishers need to organize lectures by attorneys or provide on-the-job newsgathering training in order to assess any allegation,

2) internal systems are needed to search for any illegality in content before publication, and

3) a third-party panel is needed to verify all content after publication.

Kazuo Takahashi, the manager of the legal affairs division at Kodansha Inc., which publishes the weekly magazine Shukan Gendai, criticized the ruling, saying an internal checkup needs to be conducted by the editorial section of each publisher. ¡ÈEditorial independence will be jeopardized if the top management of a publishing company were to be obliged to intervene into the day-to-day operations of the editorial process to such an extent,¡É he warned.

In March, Takahashi¡Çs company Kodansha was ordered to pay damages by the Tokyo District Court in two separate libel suits over a series of articles in the Shukan Gendai weekly. The unsubstantiated articles about alleged sumo bout-fixing resulted in court orders to pay the unusually large amounts of 15.4 million yen and 42.9 million yen, respectively, in compensation.

Katsuhiko Iimuro, a law professor at Chukyo University, credited the recent trend toward awarding higher amounts of compensation in defamation lawsuits to a report filed by the ruling Liberal-Democratic Party¡Çs ad hoc committee on the issue of infringement of human rights by the media in 1999.

According to Iimuro, the report recommended that the amount of compensation be raised substantially as a serious disincentive for the media to rush into excessive commercialism based on sensational content that neglects fundamental human rights.

In the past, it was very rare for a court to award damages of more than 1 million yen for a single article in a libel case. But in February 2001, the publisher of a women¡Çs weekly magazine was ordered to pay 5 million yen in damages to actress Reiko Ohara for a defamatory article.

Aside from past developments, Yama of the magazine publishers group, harbors doubts about the motivations of the judicial authorities¡Ç backlash against the publishing industry. ¡ÈOf late, weekly magazines have been carrying many articles critical of the planned introduction of the lay judge system and other judicial matters,¡É Yama said.

Kodansha¡Çs Takahashi shared Yama¡Çs view, saying that the court might count on the depressing effects on magazines prior to the introduction of the much-disputed quasi-jury system. ¡ÈWeekly magazines are endowed with the task, as a watchdog of the powerful, of blowing the lid off scandals that are not even reported by the media giants. We must continue the struggle to gather the news,¡É he added.

However, some voices are calling for a change on the part of weekly magazines. Iimuro warned that now that the court¡Çs attitude is clear, as shown by rulings over the past few years, magazine editors and writers need to rack their brains and change their writing style to avoid using excessively categorical or assertive wording in articles, for instance.

Yama called on magazines to be fully ready to assume the burden of proof in case they face libel charges. ¡ÈNo doubt, many weekly magazines are now on the very brink of existence, as shown by the steep decline in their circulation. They must therefore strive not to be beaten by judicial authorities, and they need to instead find a way to survive in earnest,¡É he said.

Nihon Shinbun Kyokai
The Japan Newspaper Publishers & Editors Association
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