Ninth Meeting

Thursday, April 20, 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. YAMA Ryokichi concerning the above matters, questions were put to Mr. YAMA Ryokichi, Mr. SUZUKI Tetsu and Mr. KATSUMI Ryosuke.

Informants:

  • YAMA Ryokichi, chairman of the committee on editorial ethics, Japan Magazine Publishers Association
  • SUZUKI Tetsu, chairman of the special committee on personal information and human rights, Japan Magazine Publishers Association
  • KATSUMI Ryosuke, senior managing director, Japan Magazine Publishers Association

Members who put questions to Mr. YAMA, Mr. SUZUKI and Mr. KATSUMI

Main points of Mr. YAMA's statement

1. Characteristics of the Japan Magazine Publishers Association

>> The organization of the Japan Magazine Publishers Association consists of a board of directors and various committees. The Association does not stand above its member publishing companies.

2. Magazines and the national referendum law for constitutional amendment

>> When we reported that we would be testifying before this Special Committee, there was some criticism from within the Association as to why there was a need to enact the law at this point in time.

>> The Liberal Democratic Party's first bill contained bans on forecasts of voting results, prohibitions on false reporting and provisions for fairness in reporting. I understand that more recent proposals call for self-regulation by the media.

>> Magazine reporting differs from primary reporting by newspapers and broadcast media. Magazines provide commentary on the content of primary reporting from reverse and side angles and from cross-sectional perspectives.

>> Reporting on constitutional amendment can differ very markedly according to the position that one adopts. What constitutes "falsehood?" What is to be deemed a "distortion of the facts?" What does it mean to "undermine fairness?" It is not necessarily clear what kind of article would violate these standards.

>> For publishers, the freedom of expression guaranteed under Article 21 constitutes the supreme principle on which democracy stands.

>> Provisions concerning voluntary measures must be taken very seriously. However, such provisions are unnecessary because it is difficult to describe a concrete case of "undermining fairness."

3. Japan Magazine Publishers Association and voluntary measures

>> The Association set up a publishing zoning committee as a third-party organization consisting of lawyers and academics. The committee encourages publishers to make changes and improvements in expressions of a sexual or violent content in material aimed at youth. The committee is functioning satisfactorily.

>> We believe it is unacceptable to interfere in the editorial policies of individual magazines concerning libel and infringement of human rights and privacy. At the same time, we are aware that there have been actual cases of human rights violation.

>> Regarding human rights violations by magazines, an organization known as the "Magazine Human Rights Box" has been established. When a complaint is received, this organization is responsible for formally notifying the publisher in question, which then must issue a response within two weeks. It has been suggested that the "Magazine Human Rights Box" should be developed into a full-fledged third-party organization. But at the present time, no consensus has been reached on this matter.

Main points of questions and comments to the informants

KATO Katsunobu (Liberal Democratic Party)

>> What kind of genres are there in magazines and what are their levels of circulation? People today are reading less and less. How is this trend affecting magazines?

>> The Internet is developing at great speed. What do magazine publishers think about the use of the Internet?

>> What is the role and function of magazines as compared to broadcasting and newspapers?

>> How are magazines covering constitutional amendment and other political issues?

>> The "Principles of Editorial Ethics for Magazines" contains no explicit reference to "political impartiality." What is political impartiality understood to mean at the editorial level? Or, do magazine publishers understand one of their missions to be the adoption of a specific editorial stance?

>> There are many possible approaches to a subject. To what extent do published articles reflect the policies of the editor?

>> What do publishers do to ensure the veracity of articles prior to publication?

>> Are there any standards or criteria for deciding whether or not to publish a paid opinion ad? Are there instances where a magazine refuses to publish a paid opinion ad on the grounds that the ad does not agree with its own editorial policies?

>> What is your view on adopting different types of restrictions and regulations based on the characteristics of each medium?

>> From the standpoint of magazines committed to an editorial policy of presenting the point of issue from many angles, what are your views on the adoption of restrictions on the following: the participation of civil servants and others in campaign activities for national referendums using their official status; and, the participation of foreign nationals in organized and injurious campaign activities?


KITAGAMI Keiro (Democratic Party of Japan and Club of Independents)

>> Consider a general weekly magazine that is neither very highly specialized nor a commentary magazine. When publishing an article on politics, how does such a magazine approach the issues of fairness and neutrality?

>> I have the impression that general weekly magazines do not have the same level of awareness as newspapers when it comes to the "responsibility of the press." What is your view on this matter?

>> I would like to ask whether editorial departments engage in internal discussions on how to treat a proposed constitutional amendment.

>> Articles based on simplistic conclusions may distort the process by which readers develop their opinions. What is the magazine industry's perspective on sensationalism?

>> Instead of manipulating public opinion under the name of neutrality, I believe it is better to write and to publish articles from a clearly defined stance because this will make a greater contribution to impartiality, neutrality and the "responsibility of the press." What are your views on this matter?


SAITO Tetsuo (New Komeito)

>> What do you think of the current status of the public's media literacy?

>> What do you think about the differences between magazines and the visual media, or the differences between magazines and newspapers?

>> There is some ongoing discussion on reforming the resale price maintenance system and specified designation rules. What your views on these matters?

>> Mr. YAMA stated that he received some criticism for accepting to appear before this Special Committee. What was the nature of this criticism?

>> What is your view on including instructive provisions in the national referendum law concerning media self-regulation?

>> Suppose there is a case of false reporting. I believe an effective response would be to provide an opportunity for rebuttal in the same medium. Is it possible for magazines to provide a forum for rebuttal? What is your view on this matter?


KASAI Akira (Japanese Communist Party)

>> Article 21 of the Constitution was born of the lessons learned from state intervention in the press during the prewar period. In your understanding, what is the significance of this? In light of Japan's prewar experiences, what editorial and publication policies and guidelines have been adopted by magazines?

>> What are your views on such legislation as the Personal Information Protection Law and Human Rights Protection Bill, and recent moves to apply stricter restrictions on the media?

>> Have the fears of the Japan Magazine Publishers Association become reality since the Personal Information Protection Law came into force? I would also like to hear about current conditions relative to the enforcement of this law.

>> A large number of magazines, each with its own editorial policies, are being published. It is in this way that a diversity of views is being presented. Is it not up to the public itself to pass judgment on the truth of the articles appearing in these magazines? If this is so, then I believe that any attempt to regulate the magazines and to pass judgment on the veracity of the articles appearing in them would reduce the overall value of magazines. What are your views on this matter?


TSUJIMOTO Kiyomi (Social Democratic Party)

>> What is the level of awareness in the magazine industry of the ongoing discussions concerning a national referendum system?

>> From your position of involvement in magazine reporting, how do you feel about the spirit of the times, including regulation and restrictions on the media?

>> I feel there has recently been a tendency for the media to fan the flames of nationalism. What are your views on this matter?

>> Regarding the law concerning the national referendum system for constitutional amendment, I believe it is better not to include provisions for media self-regulation. However, suppose such provisions are written into the law. In your estimation, what would be the impact of such provisions?

>> It was stated that a political party criticized the magazines for biased elections reporting. I would like to know about this matter in greater detail.

>> Articles appearing in magazines are often taken up and reported on by the other media in what has been called the "media scrum." As such, magazine articles can exert enormous influence. I would like to pose this question to Mr. SUZUKI and Mr. YAMA who have been working on the editorial side of magazine publication. What influence do magazines have?


TAKI Makoto (People's New Party)

>> Weekly magazines are primarily focused on reporting on people. As such, I believe it would be more difficult for them to report on abstract systems. What possibilities do weekly magazines have for covering the national referendum system?

>> Suppose restrictions are placed on the participation of civil servants and educators in national referendum campaigning. Presumably, this would render it more difficult for weekly magazines to report on the opinions of a constitutional scholar who is a university professor. What are your views on this matter?

>> Through their ads placed in newspapers, weekly magazines play the role of focusing public attention on key and timely issues. Suppose constitutional amendment becomes a key issue in weekly magazines with such a role, what possibilities and approaches will they have for covering a constitutional amendment?