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Japan passes revised penal code with harsher punishment for cyberbullying

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131–140 of 235 posts

Re: Japan passes revised penal code with harsher punishment for cyberbullying

#131
post #52

I think the appropriate aphorism here is "The road to hell is paved with good intentions." No doubt the Japanese government believe that this law is for extreme cases where someone sends thousands of awful messages, or where a mob drives someone to suicide, but this will end up being used to prosecute some poor 14 year old kid who calls someone else a bad name in Call of Duty. Without strict limitations in laws they'…

> "The road to hell is paved with good intentions."

I agree. For example, we created a global flat bidirectional un-gatekept communications network with the altruistic and high-minded belief that if allowed to communicate without the material trappings of class, race, gender, and the various other things that separate us in "meatspace," we'd create a techno-utopia of our best selves through rational discourse and the clear-eyed sharing of different points of view.

Instead, suicides among teens exposed to this firehose are spiking. We should address that.

Re: Japan passes revised penal code with harsher punishment for cyberbullying

#132

Laws like this sound well-intentioned enough but are rampant for abuse and unequal application. If someone is outraged at some controversial policy or statement, how does that play out? Especially when the people in question are public figures: > professional wrestler Hana Kimura died in 2020 at age 22 following cyberbullying on social media over her remarks on a reality romance show that she had been part of. Imagin…

[deleted]

Re: Japan passes revised penal code with harsher punishment for cyberbullying

#133

I am surprised how much less discussion takes place about cyberbullying and the deaths caused by it. I agree with freedom of speech but if it violates someones right to exist then shouldn't the culprits be punished? If not punished atleast have a legal process to discuss/debate it in the court of law? Thoughts?

> if it violates someones right to exist then shouldn't the culprits be punished

What happens when the culprits are society as a whole?

In this case, there are varying levels of toxicity, but the general sentiment among Japanese netizens was disproportionately against the Hana Kimura.

Re: Japan passes revised penal code with harsher punishment for cyberbullying

#134
post #39

Earlier quoted context omitted.

I am not too certain. But here are some examples (NSFW). https://www.adl.org/resources/hate-symbols/search Looks like they involve discrimination (on race or religion or such). But Japan's new law is more general.

What makes the ADL an authority on hate speech?

No post body was provided.

Re: Japan passes revised penal code with harsher punishment for cyberbullying

#135
Slander and libel laws are nothing new, though. They have those in the USA and elsewhere.

According to this web page:

https://www.freedomforuminstitute.org/first-amendment-center...

numerous states in the USA have punishments for slander/libel of up to a year in prison or fines of around a thousand bucks or more.

The definition of the wrongdoing varies.

For instance Oklahoma's wording says "false or malicious", which implies that the behavior is libel even the representations made are true, provided they can be deemed to be malicious.

Re: Japan passes revised penal code with harsher punishment for cyberbullying

#136
post #2

How are they going to verify identity of the supposed "cyberbully"? Judge: "Here is a screenshot of an internet page where you use offensive language." Defendant: "But your honor, here is a screenshot with your name on it where you call this process fabricated."

At least in the US, you'd have to subpoena platforms for the actual activity logs.

Activity logs aren't worth much unless the offender bothered to properly identify himself with a scan of passport and a notary verified signature (because a scan of passport can be stolen).

Re: Japan passes revised penal code with harsher punishment for cyberbullying

#137
Abuse coming in 3..2..1...

As with every law involving limitation of free speech, it will be easily abused by powerful people against less powerful people.

Also, it appears they already had a perfectly legit punishment:

" ... The penalty applied to the crime under the pre-revised law was "detention for less than 30 days" or "a fine of less than 10,000 yen (roughly $74)" -- the lightest punishments under the Penal Code. ..."

Now I don't know anything about prisons in Japan, but I'm 100% sure I wouldn't want to spend 29 days in any jail for any reason. Wouldn't ensuring any abuser gets that 4 weeks in jail be already a hell of a deterrence?

Note that I'm totally in favor of hard fighting bullism of any kind, but not in a way that could be easily abused; serving jail for "insults to damage one's reputation" seems just too broad and a very handy tool to hit journalists, political adversaries and freedom of information in general.

Re: Japan passes revised penal code with harsher punishment for cyberbullying

#138

Laws like this sound well-intentioned enough but are rampant for abuse and unequal application. If someone is outraged at some controversial policy or statement, how does that play out? Especially when the people in question are public figures: > professional wrestler Hana Kimura died in 2020 at age 22 following cyberbullying on social media over her remarks on a reality romance show that she had been part of. Imagin…

> Laws like this sound well-intentioned enough but are rampant for abuse and unequal application

It already has and is frequently discussed on r/japanlife.

Re: Japan passes revised penal code with harsher punishment for cyberbullying

#139
post #64
post #24

Earlier quoted context omitted.

Wait why would they go specifically after gamers?

Because the big media and tech companies hate computers that don't obey them. Microsoft, ibm, hp, intel and the like have been working on removing software ownership from the public purposely. They want a future where all bytes and instructions are encrypted. From 1960's to roughly the early 2000's, all computers you bought ran local software exe's in plain text , aka you could open up the .exe, .com or .dll file and…

> From 1960's to roughly the early 2000's, all computers you bought ran local software exe's in plain text , aka you could open up the .exe, .com or .dll file and reverse engineer it and restore missing functions to get older software running on newer systems.

I don't believe this part has anything to do with your conspiracy

Binaries are in this format because it's convenient to store and more optimal to run them in this format. Most users don't really care/want to edit binaries/executables...

Regarding piracy: I'm sure you worked at a company that had a product, which was sold in some fashion. Part of that money went to paying your salary. Imagine there are no piracy laws/protection, and everyone uses your company's product without paying you. Where does your salary come from now? Trees?

Re: Japan passes revised penal code with harsher punishment for cyberbullying

#140

I am surprised how much less discussion takes place about cyberbullying and the deaths caused by it. I agree with freedom of speech but if it violates someones right to exist then shouldn't the culprits be punished? If not punished atleast have a legal process to discuss/debate it in the court of law? Thoughts?

This is poorly formulated. Using speech to make social / political / legal / economical arguments doesn't violate anyone's right to exist.

Generally speaking, pernicious "speech" is not the speech itself, rather targeting the social network of the victim with slanderous messaging.

For a simple example, somebody plastering their ex's nudes into their ex's linkedin network.

For another example, pernicious forms of cancel culture, where pressure groups take pleasure in contacting the employer of the victim and threaten reputational damage (scandal) unless they fire the poor sap.

In these cases is not the "speech" that is a problem, but the targeted malicious slandering.

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