The Japanese Parliament passed a law earlier this week increasing the penalties for “online insults”. Under this new amendment to the country’s Penal Code, which is due to come into force later this summer, those found guilty of online insults can now face up to a year in prison or a fine of around €2,000. .
Penalties for online insults already existed, but this amendment to the Penal Code increases them significantly. Previously, being found guilty could lead to a prison sentence of less than 30 days, and a fine of up to around €70. Sanctions deemed too light to deal with modern problems and frame the emergence of online media.
This new Japanese legislative arsenal has its roots in a context of trivialization of cyberbullying, illustrated by the death of professional wrestler and reality TV star Hana Kimura. The young woman, known for her role in the show Terrace House on Netflix, committed suicide in 2020 at the age of 22; many were moved by the intimidation to which she had been subjected on social networks during the months preceding her fatal gesture. The authorities then undertook to speed up government discussions in order to adapt the legislation.
The bill has sparked an outcry in Japan, with critics saying it could hamper freedom of expression and criticism of the government. The text ended up being adopted after the addition of a provision ordering that the law be reviewed three years after its entry into force to assess its impact on freedom of expression.
In France, public insult is punishable by a fine of up to €12,000. A sentence of up to one year in prison and a fine of €45,000 if the insult is racist, homophobic, sexist or disabled.