With
little fanfare from local or foreign media, the Japanese government made
major moves this month toward legislating extensive regulation over
online communication and information exchange within its national
borders.
In a series of little-publicized meetings attracting minimal mainstream
coverage, two distinct government ministries, that of Internal Affairs
and Communications (Somusho) and that of Education, Culture, Sports,
Science and Technology (Monbukagakusho), pushed ahead with regulation in
three major areas of online communication: web content, mobile phone
access, and file sharing.
The future of online communication within Japan hinges on attracting
attention to these issues and on drawing as wide a range of voices into
the debate as possible. While current activism by groups within Japan
such as the recently formed Movements for Internet Active Users (MIAU)
have made important first steps in this direction, international
attention is needed to coordinate support and confront the many pressing
issues facing open communication in the Japanese cyberspace.
Web content
Plans for regulation of web content are summarized in two primary
documents drawn up by the “Study group on the legal system for
communications and broadcasting” under the Ministry of Internal Affairs
and Communications (Somusho). The first document is an interim report
released on June 19th, setting down basic guidelines for regulating web
content through application of the existing Broadcast Law to the sphere
of the Internet. The final report, made public on December 6th, sets
down steps to move ahead and submit a bill on the proposed regulations
to the regular diet session in 2010.
One of the key points of both reports is their emphasis on the blurring
line between "information transmission" and "broadcasting", a
distinction that becomes less and less meaningful as content-transfer
shifts from the realm of traditional media to that of ubiquitous digital
communication. The reports deal with this difficult problem in part
through the creation of a new category, that of "open communication",
broadly described as covering communication content having openness
such as homepages and so on.
Online content judged to be "harmful" according to standards set down by
an independent body (specifics of which are unclear) will be subject to
law-enforced removal and/or correction.
Mobile phone access
The push for protecting young users from potentially dangerous content,
such as online dating services and so-called "mobile filth", has gained
momentum in recent years within Japan. The government responded to such
concerns on December 10th by demanding that mobile carriers NTT Docomo,
KDDI, Softbank, and Willcom implement filtering on all mobile phones
issued to users under the age of 18. While optional filtering currently
exists and can be implemented at the request of the mobile phone owner,
few users make use of or even know of this service. The proposed
regulation would heavily strengthen earlier policy by making filtering
on mobile phones the default setting for minors; only in the case of an
explicit request by the user's parent or guardian could such filtering
be turned off by the carrier.
According to the new policy proposal, sites would be categorized on two
lists, a "blacklist" of sites that would be blocked from mobile access
by minors and a "whitelist" of sites that would not. The categorization
of sites into each list will reportedly be carried out together with
carriers through investigations involving each company targeted. The
Telecommunications Carriers Association (TCA) of Japan is indicating
that the new policy will be enforced with respect to new users by the
end of 2007 and applied to existing users by the summer of 2008.
While it is not yet entirely clear what content will be covered by the
new policy, a look at existing filtering services promoted by NTT Docomo
reveals the definition of "harmful" content to be very broad indeed. As
noted by a number of Japanese bloggers, notably social activist Sakiyama
Nobuo, current optional filtering services offered on NTT Docomo phones
include categories as sweeping as "lifestyles" (gay, lesbian, etc.),
"religion", and "political activity/party", as well as a category termed
"communication" covering web forums, chat rooms, bulletin boards, and
social networking services. The breadth of this last category in
particular threatens to bankrupt youth-oriented services such as "Mobage",
a social networking and gaming site for mobile phones, half of whose
users are under the age of 18.
File sharing
In a meeting held on December 18th. Authorities and organizations pushed
for a ban on the download of copyrighted content for personal use, a
category of file transfer previously permitted under Article 30 of
Japan's Copyright Law.