Tenth Meeting

hursday, April 27, 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. NARAZAKI Kenji, Mr. ISHII Tsutomu and Mr. FUJIWARA Ken concerning the above matters, questions were put to them.

Informants:

  • NARAZAKI Kenji Chairman, Editorial Subcommittee, Japan Newspaper Publishers & Editors Association (Deputy Chief, Editorial Bureau, The Yomiuri Shimbun, Tokyo Head Office)
  • ISHII Tsutomu Vice Chairman, Editorial Subcommittee, Japan Newspaper Publishers & Editors Association (Assistant to Managing Editor, Editorial Division, The Asahi Shimbun, Tokyo Head Office)
  • FUJIWARA Ken Member, Editorial Subcommittee, Japan Newspaper Publishers & Editors Association (General Affairs, Editorial Department, The Mainichi Newspapers Tokyo Head Office)

Members who put questions to the informants:

Main points of Mr. NARAZAKI's statement

1. Introduction

>> Should the Constitution be amended? Should a national referendum system be established? Members of the Japan Newspaper Publishers & Editors Association each have their own views on these questions, but the Association does not have a unified position.

2. General issues

>> The national referendum system for constitutional amendment should be designed with freedom of the press as a given. There is no need for restrictions on reporting and commentary.

>> There are significant differences in the objectives of a national referendum in which the people choose the future course of the country, and a public election in which the people select a specific candidate or party. In elections, the emphasis is placed on fairness. On the other hand, in national referendums, the emphasis should be on full and exhaustive discussion.

3. Prohibition of false reporting

>> I am opposed to including provisions in the law against false reporting. It is unclear what constitutes false reporting, which gives rise to the risk of arbitrary application.

>> Truth and falsehood in constitutional debate should be judged by the people in whom sovereignty resides. This judgment should not be delegated to the government authorities. False reporting will be eliminated in the course of active reporting.

>> Instructive provisions relating to self-regulation are unacceptable. First, such provisions are self-contradictory. Second, they will obstruct the presentation of diverse information to voters by causing atrophy in investigation and reporting.

>> In addition to the Canon of Journalism (Japan Newspaper Publishers & Editors Association's code of ethics), many newspapers have their own self-regulating arrangements for checking the contents of reporting, such as third-party monitoring organizations that include outside people.

4. Prohibition of unlawful use and restrictions on advertising

>> Regarding prohibition of unlawful use, the Public Offices Election Law is interpreted to prohibit commentary that may affect the success or failure of an individual candidate. In the case of constitutional debate, it is unclear what constitutes unlawful use. Therefore, I am opposed to the inclusion of instructive provisions relating to this matter.

>> Regarding restrictions on advertising, I would be opposed to any such restrictions if they obstruct or undermine the freedom of expression and the dissemination of information.

5. Conclusion

>> The mission of newspapers is to provide the general public with a wide range of information based on our own independent judgment and internal discipline. We are committed to providing accurate, fair and responsible commentary.

Main points of Mr. ISHII's supplementary comments

>> At first glance, the wording of the instructive provisions concerning self-regulation may seem to be very moderate. However, written legal provisions have the risk of being used as a convenient tool by those who want to influence the media. Therefore, instructive provisions are unacceptable. The establishment of a third-party organization is also unacceptable.

Main points of Mr. FUJIWARA's supplementary comments

>> It is self-contradictory for a third-party organization to make demands for self-regulation and other voluntary actions. Therefore, I am opposed to the inclusion of instructive provisions. The Canon of Journalism takes into account the lessons learned from the prewar years. It defines and establishes a very serious mission for newspapers, which must be accomplished in the presence of a high moral awareness. The independent judgment of newspapers should be trusted.

Main points of questions and comments to informants

HAYASHI Jun (Liberal Democratic Party)

>> In our preceding session, Mr. YAMA of the Japan Magazine Publishers Association stated that he was opposed to instructive provisions for the prohibition of false reporting. What are your views on this matter?

>> I believe one of the reasons that instructive provisions are being considered is that the authorities are distrustful of the media. What are your views on this matter?

>> The proviso to Article 148 Paragraph 1 of the Public Offices Election Law stipulates that fairness in elections must not be undermined by false reporting. What actual cases have there been where this proviso has acted as a constraint on reporting?

>> From the perspective of newspapers, what do you think is the aim of instructive provisions?

>> Can you explain what internal and voluntary measures are taken by newspapers to prevent false reporting?

>> If no restrictions are placed on opinion advertisements, this could result in loss of fairness due to differences in financial resources of opposing sides. What kind of framework can be considered for restrictions on opinion advertisements?

>> Suppose political parties were to be permitted to place advertisements in newspapers for free as part of the national referendum campaign for constitutional amendment. What would your views be on such an arrangement?

>> Newspapers should present arguments from both sides of an issue. But I also think that at the same time newspapers should more clearly declare their own positions. What are your views on this matter?


OSAKA Seiji (Democratic Party of Japan and Club of Independents)

>> Should newspapers clearly advocate a specific position, or should they remain neutral? Given that most of the public routinely reads only one newspaper, don't you think that it could be dangerous for the newspapers to clearly advocate their own positions?

>> It has been argued that false reporting can be eliminated through rebuttal. However, the publicity period for the national referendum being proposed at the moment will only be 60 to 180 days. Does this provide enough time for effective rebuttal?

>> What is the process in which a newspaper develops its editorial position? Given the revenue structure of newspapers, is it possible for the contents of a newspaper to be influenced by the views of its advertisers?

>> There are various television programs that display newspaper articles, with titles clearly visible, and several sentences are magnified for viewers to have a look at. Isn't this a very facile approach that may result in the misinterpretation of these articles?


MASUYA Keigo (New Komeito)

>> Does the Japan Newspaper Publishers & Editors Association accept the proviso to Article 148 Paragraph 1 of the Public Offices Election Law as a given?

>> Regarding the coverage of elections, I feel that different candidates are treated differently in the pictures and articles that are printed about them. What is your response to this? Do newspapers have internal rules and guidelines concerning fair treatment of candidates in election coverage?

>> If the proviso to Article 148 Paragraph 1 of the Public Offices Election Law has had no effect on freedom of the press, I believe the same would be true for any instructive provisions that may be contained in the national referendum law for constitutional amendment. What is your response to this?

>> Does the Japan Newspaper Publishers & Editors Association have a unified position on reforming public service corporations?


KASAI Akira (Japanese Communist Party)

>> The Canon of Journalism begins with a reference to "media that stands independent of all forms of power and authority." In the opinion of the Japan Newspaper Publishers & Editors Association, what is the contemporary significance of this principle?

>> Has the enactment of the Personal Information Protection Law caused any difficulty in reporting? What are your views concerning recent moves related to the introduction of media restrictions?

>> It has been argued that the media should cooperate in educating the public on proposed constitutional amendments. What are your views on this matter?


TSUJIMOTO Kiyomi (Social Democratic Party)

>> Media restrictions are being strengthened. In this context, how has the Personal Information Protection Law affected freedom of the press? What is the position of the Japan Newspaper Publishers & Editors Association on this law, and what discussions have you had on this subject?

>> I would like to ask Mr. ISHII to tell us about specific instances of stricter restrictions on the media.

>> Discussions concerning a national referendum system for constitutional amendment must be free and unfettered. What are your views on restrictions aimed at preventing educators and foreign experts from expressing their opinions in newspaper articles?

>> How have the newspapers treated the issue of the Constitution thus far, and what arrangements have you made to ensure that a full diversity of views is expressed?


TAKI Makoto (People's New Party and New Party Nippon and Group of Independents)

>> It was stated that newspapers perform the two functions of reporting and providing commentary. In the course of constitutional debate, a clear line must be drawn to separate and distinguish these two functions. I believe a conscious effort must be made to make the public aware of this distinction. In your opinion, what must be done for this purpose?

>> In the course of constitutional amendment, it is necessary to allow for the views of readers to be fully reflected in the newspapers. What is your opinion on creating special channels for this purpose?

>> How do you intend to approach the question of projecting the outcome of voting in a national referendum?