Administrative Measures Against Far-Right Protesters: An Example of Japan’s Social Control

Abstract

Japan’s pre-emptive approach to far-right demonstrations has had a significant impact. Far-right street protests accompanied by hate speech have been rapidly decreasing, although Japan has not introduced penalties. Why did the Japanese approach have such an effect? While the regulation of hate speech in Japan has been discussed mainly in legal studies, Japan’s use of administrative measures against hate speech has not been emphasized. Focusing on the implementation of the 2016 Hate Speech Law, this article examines administrative measures against far-right protestors as an example of Japan’s ‘soft’ approach to social control: not directly banning but discouraging social activities that are deemed harmful to social harmony. These measures have a pre-emptive character and are implemented based on a prior consensus between local officials and far-right activists about appropriate ways to use public spaces and possible expressions. This article also shows that Japan’s treatment of both far-right protesters and counterdemonstrators is guided by the harmony-related concept of kenka ryōseibai, which imposes punishment on both parties in a private quarrel, whether right or wrong. Japan’s approach to far-right protests thereby differs from the conventional American and European approaches in terms of both forms of regulation and central values.