Cyberbullying law – Japan punishes online hate with jail – News


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The background is the suicide of a well-known wrestler in 2020. Some now fear for their freedom of expression.

A year in prison for being hostile to other people on the internet. This sharp law is new in Japan. There was a law before that. However, this was too lax. That’s what Kathrin Erdmann says. She is the East Asia correspondent for ARD and is currently based in Tokyo.

The catalyst for the new law was the death of popular wrestler Hana Kimura. She was heavily attacked online. She then took her own life two years ago. “The pressure was just too great now, especially from the wrestler’s dead mother and also from the public,” said Erdmann.

Legend:

In addition to the wrestler, there were many other people in Japan who took their own lives because of hostilities on the Internet.

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Many more people are affected by cyberbullying – all over the world. In Japan, however, there are culture-related problems with Internet hate speech. «The Japanese don’t say no. You don’t say your opinion clearly to a person’s face. That would make you lose face. Of course, they can live it out in a completely different way on the Internet.”

Another problem is the lack of media skills in Japan. Kathrin Erdmann quotes a study as saying that social media are the only communication tool, especially for young people in Japan. “They hardly learn anything at school about rules, boundaries and how to deal with these media.” There is also a fear among young people of not belonging, of being an outsider.

Important signal or just a fig leaf?

The death of the wrestler and other celebrities has caused a public outcry. According to Erdmann, many find the law good. It is an important signal. But now you have to be careful that the law becomes or remains more than a fig leaf.

However, the amendment to the law has also been criticized. Opponents fear that the expression of opinion will be restricted too much. And the law could also lead to penalties for criticizing politicians and other public figures, says the East Asia correspondent.

The law is a pilot law. The opposition Democratic Party has obtained the law. It is valid for three years. If it doesn’t work, it can be removed again. Erdmann sees the real problem in the definition: “It is completely unclear when an insult is an insult. Where does it start, where does it end? Success will likely depend on how well the police do their job. And how well she tries to identify perpetrators. And how many they then identify and punish.”

Cyberbullying is not part of the Swiss Criminal Code

In Switzerland, too, many people are affected by cyberbullying. Over time, more and more elderly people are becoming victims of this. To these realizations comes one Study by the German alliance against cyberbullying. In German-speaking Switzerland, almost 40 percent of those surveyed between the ages of 18 and 65 had been the victim of bullying at least once. The pandemic has further fueled bullying.

Respondents would like more support in the form of aid agencies and laws. But bullying on the Internet is not in the Swiss penal code. But there are criminal offenses such as pornography, depictions of violence, defamation, threats and coercion and others.

Is cyberbullying a criminal offence?


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Experts disagree as to whether a new criminal offense is needed. Such a law would be of primarily symbolic importance. The sociologist Dirk Maier said in an interview with SRF News that there is a certain pressure to act. “A criminal offense would put victims in a stronger position, empower them. A criminal offense of cyberbullying would also be easier for young people to understand and could encourage them to take action. A law also leads to a social discussion and an awareness of the problem. In the course of this, it would be easier to develop prevention offers.”

The youth attorney Barbara Altermatt, on the other hand, is of the opinion that there is no loophole in the law. “It is a quality of our law that it is not based on current technical conditions, but punishes delinquency. Criminal law is designed to punish behavior that is unacceptable. It’s the wrong place for symbols. The idea of ​​deterrence is also not compatible with the idea of ​​criminal justice for young people. There the educational aspect is in the foreground. »

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