Eighth Meeting

Thursday, April 13, 2006

Meeting Agenda

Matters relating to a national referendum system for constitutional amendment and the Constitution of Japan (national referendum system for constitutional amendment and the media)

After statements were heard from Mr. ISHIMURA Eijiro and Mr. HORI Tetsuzo concerning the above matters, questions were put to them.

Informants:

  • ISHIMURA Eijiro, Managing Director, NHK (Japan's public broadcasting corporation)
  • HORI Tetsuzo, Director and chairman of Committee on News Reporting, National Association of Commercial Broadcasters in Japan

Members who put questions to Mr. ISHIMURA and Mr. HORI:


Main points of Mr. ISHIMURA's statement

1. Introduction

>> A wide range of views from the people must be reflected in discussions concerning a national referendum system for constitutional amendment. As a public broadcasting entity, the NHK is committed to the fair and impartial provision of information, through which it hopes to contribute to the development of democracy.

2. Broadcast Law and the NHK

>> The NHK respects and observes the four basic principles enunciated under Article 3 Paragraph 2 of the Broadcast Law (shall not disturb public security and good morals and manners; shall be politically impartial; shall broadcast news without distorting facts; shall present points of issue from as many angles as possible). Based on these principles, we are committed to the impartial treatment of political issues. Regarding issues on which there is controversy, it is our policy to present the issue in a fair manner and from as many angles as possible.

3. Election coverage by the NHK

>> We cover elections from an independent position, and we seek to be accurate in our reporting and impartial in our judgment. On election day, we broadcast speedy and accurate information on election results. This will continue to be our commitment in the future.

4. Restrictions on broadcast media

>> In principle, reporting on national referendums for constitutional amendment should be unrestricted. From the perspective of the freedom of expression and freedom of the press, it is problematic to include restrictions in the national referendum law apart from those stipulated in the Broadcast Law. The matter should be left to self-regulation.

>> I have my doubts whether voluntary restraint can be applied to matters such as constitutional amendment for which extensive popular discussion and debate is indispensable.

>> Extreme caution should be exercised in considering the establishment of a third-party organization for monitoring false reporting and other problems. Firstly, the authority, composition and monitoring procedures of such an organization are unclear. Secondly, caution must be exercised in relation to the freedom of expression and freedom of the press.

>> Regarding restrictions on the media, there is no need to include new instructive provisions in the national referendum law for constitutional amendment. The provision of the Broadcast Law stipulating that news shall be broadcast "without distorting the facts" is sufficient.

5. Relation to Public Offices Election Law

>> The Public Offices Election Law pertains to election systems for the choice of individuals and parties, while a national referendum law for constitutional amendment pertains to the choice of policies. The application of the restrictions of the former to the latter must be discussed very carefully. In particular, it is difficult to imagine an actual case of false reporting, as this would result in the loss of viewer confidence. Hence, it is not necessary to include an explicit provision concerning false reporting in the national referendum law.

6. Conclusions

>> The NHK is constantly endeavoring to provide fair and impartial information based on its own independent judgment. Through the exercise of freedom of the press, we are committed to developing an environment in which the people can engage in active discussion and exchange of views.


Main points of Mr. HORI's statement

1. Regarding constitutional amendment

>> A procedural law governing the first national referendum for constitutional amendment to be held in Japan must be based on the principle of popular sovereignty and must protect fundamental human rights.

>> It is important that the views of the people be accurately reflected in all stages of the process, beginning with the initiation of an amendment and ending with actual voting in a national referendum.

>> Restrictions should not be placed on reporting and commentary by the mass media. Undermining the freedom of expression through the adoption of penalties runs counter to principles of democracy and constitutionalism.

>> It is important that constitutional amendments be fully debated and deeply contemplated upon by the people. A national referendum for enacting such amendments should accurately reflect the will of the people and present an opportunity for the exercise of the sovereign rights of the people. However, the will of the people is ever changing. Therefore, the results of a public opinion poll conducted at a specific point in time must not be interpreted to represent the views of a great majority of the people.

2. Role of broadcast media

>> Debate and contemplation is predicated upon the freedom of spirit and freedom of expression.

>> The mass media plays the role of presenting a diversity of views and materials for thought. It also presents a forum for public discussion and acts to promote discussion among the people.

3. Self-regulation in broadcasting

>> Self-regulation in broadcasting based on the provisions of the Broadcast Law goes beyond the exercise of self-discipline by broadcasters and extends to self-regulation and discipline in the field of communication. The autonomy of broadcasters is an autonomy that sustains the free market for expression. This autonomy is also based on the participation of viewers through various arrangements for absorbing the opinions of viewers, such as monitor systems and opinion polls.

>> The broadcast industry has developed various means for gauging the opinions of viewers and making necessary improvements. Broadcasters have established in-house councils on broadcast programs. There is also the Broadcasting Ethics and Program Improvement Organization (BPO), which functions as an industry-wide watchdog.

4. Regarding a bill for the national referendum system for constitutional amendment

>> The national referendum law for constitutional amendment should not include any provisions that would obstruct discussion or undermine deep thought and contemplation by the people.

>> It is totally beyond imagination that anyone would resort to broadcasting falsehoods in an event as important as a national referendum for constitutional amendment.

>> Because of conceptual differences and differences in the characteristics of voting, the national referendum system should be considered independently of the framework of the Public Offices Election Law. Penalties and restrictions on the mass media are also unnecessary from this perspective.

Main points of questions and comments to Mr. ISHIMURA and Mr. HORI

HAYAKAWA Chuko (Liberal Democratic Party)

(To both Mr. ISHIMURA and Mr. HORI)

>> In light of the provisions of Article 3 Paragraph 2 of the Broadcast Law, how do you view political neutrality as you go about your actual broadcasting activities?

(To Mr. HORI)

>> From the perspective of ensuring neutrality in broadcasting, what forms can self-regulation take in reporting on constitutional amendments?

(To both Mr. ISHIMURA and Mr. HORI)

>> France has established the Higher Council for the Audiovisual Sector (CSA). To ensure fairness in broadcasting concerning national referendums, CSA is empowered to issue warnings against biased broadcasting. What are your views on the establishment of this type of third-party organization endowed with powerful authority?

>> Reporting on discussions concerning constitutional amendment can be divided into the following three stages: (a) coverage of debate in the Diet; (b) coverage of the period between initiation of an amendment by the Diet and actual voting; and, (c) coverage of the voting day. Are there any notable differences between reporting in these three stages? What type of coverage and reporting can be expected in each of these stages?

>> Can broadcasters ensure neutrality in broadcasting in the course of a national referendum for constitutional amendment? What type of internal measures can be taken by broadcasters to ensure neutrality in broadcasting?

>> Suppose we have a complex and multifaceted issue. My fear is that only the clearest facets of the issue will be repeatedly reported, while other very important facets are not fully presented to the public. What are your views on this matter?

>> What is the status of outsourcing the production of political programs? How does a broadcaster ensure fairness and impartiality in a political program that has been outsourced?

(To Mr. HORI)

>> I believe it is necessary to create a system for taking responsibility for programs by fully disclosing the names of persons involved in the production of feature programs. What are your views on such a system?

>> Please explain the production process of spot advertisements. What review and monitoring systems do individual broadcasters have for checking the contents of political spot advertisements?

>> What is the impact of spot advertisements appearing immediately before voting? Some countries prohibit spot advertisements for a certain period prior to voting. What are your views on these matters?


OGAWA Junya (Democratic Party of Japan and Club of Independents)

(To both Mr. ISHIMURA and Mr. HORI)

>> What specific internal measures are taken by broadcasters to ensure fairness and neutrality in broadcasting?

(To Mr. HORI)

>> Some overheated reporting was seen in the general elections of 2005. Why did this happen?

(To both Mr. ISHIMURA and Mr. HORI)

>> The issue of competition for viewer ratings lies behind such overheated reporting. What is the significance of ratings, and what impact do viewer ratings have on the production of programs?

>> In your estimation, what similarities and differences could there be between reporting on a national referendum for constitutional amendment and reporting on national elections?

>> Local referendums have been held in various regions of the country. What ideas did local broadcasters have for reporting on these referendums and what kind of approaches were taken?


OTA Akihiro (New Komeito)

(To both Mr. ISHIMURA and Mr. HORI)

>> What image do news and reporting organizations have of false reporting?

>> What types of self-regulatory measures do you think could be adopted by news and reporting organizations?

>> What are your opinions on including some provisions in the law mandating efforts to establish a third-party organization responsible for coping with reporting problems that arise in the course of a national referendum for constitutional amendment?

>> The restrictions adopted in Switzerland and France only apply to the broadcast media. This is probably because broadcast media have a greater impact than print media, and because ideological leanings are not as clearly known as in the print media. What are your views on treating different segments of the media differently?

>> The Public Offices Election Law prohibits straw polls. What are your views on trial voting in national referendums for constitutional amendment?

(To Mr. HORI)

>> Suppose a public relations council for constitutional amendment is established in the Diet with responsibility for public relations and informing the public. What would you think if the media were asked to cooperate with this council and to undertake various types of public relation and information activities for generating popular awareness?


KASAI Akira (Japanese Communist Party)

(To both Mr. ISHIMURA and Mr. HORI)

>> What are your views on the public nature and responsibility of broadcasting?

>> Media organizations are in principle independent of the powers of government. This is a lesson learned from the past wars of aggression. Specifically, how is this lesson being put to use?

>> How are the issues of war and peace treated in your programs? How are you endeavoring to build a peaceful society?

>> Have there been any instances of allegations of false reporting in the past? If so, what actions were taken?

>> The NHK and the National Association of Commercial Broadcasters in Japan have adopted the Basic Principles of Broadcasting Ethics. According to these guidelines, broadcasters must voluntarily implement measures to ensure fairness in reporting. What are your views on stipulating voluntary measures in the national referendum law for constitutional amendment in order to prevent loss of fairness in the referendum due to false reporting?

>> Currently, there are moves in the legislature to adopt stronger restrictions on the media. What are your views on this matter?


TSUJIMOTO Kiyomi (Social Democratic Party)

(To both Mr. ISHIMURA and Mr. HORI)

>> Regarding the national referendum system for constitutional amendment, I would like to know whether you believe it is necessary to enact restrictions above and beyond those contained in the Broadcast Law.

>> Specifically, how is media neutrality ensured?

(To Mr. HORI)

>> There is a tendency for all programs to contain the same information, and it seems that there is an overall lack of balance here. What standards do broadcasters use in determining what news to include in their programs?

(To both Mr. ISHIMURA and Mr. HORI)

>> What are your views on the relation between neutrality in reporting and the role of news and reporting organizations in keeping a check on the authorities?

(To Mr. ISHIMURA)

>> You stated that elections are for choosing people, while national referendums for constitutional amendment are for making policy choices. As the supreme law of the land, how can the Constitution be referred to as merely a matter of policy?

(To both Mr. ISHIMURA and Mr. HORI)

>> Coverage of a national referendum for constitutional amendment should not be simply apportioned according to the number of seats in the Diet. Do you not think that all positions should be treated equally?

>> Constitutional amendment requires an environment conducive to full debate and contemplation by the people. The same applies to the enactment of a national referendum law for constitutional amendment. I believe that discussions of this law have just now started. What are your views on this matter?


TAKI Makoto (People's New Party)

(To both Mr. ISHIMURA and Mr. HORI)

>> What internal systems do broadcasters have for monitoring fairness and neutrality in reporting? What external systems exist for this purpose?

>> Suppose the Diet is given the responsibility to produce pamphlets and other materials concerning a proposed constitutional amendment. I presume these materials will be used as the basis for reporting. What do news and reporting organizations think should be done to dig deeply into the issues on hand?

>> In political debate and discussion programs, a good part of the image that is conveyed by these programs is determined by the politicians and others who are invited to participate. What are your views on the standards that are used in selecting the participants?

>> If the restrictions that are currently being considered are adopted, the comments of a university professor participating in a discussion program may become subject to regulation. From your position as broadcasters, what are your views on this matter?