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Japan passes revised penal code with harsher punishment for cyberbullying

mainichi.jp

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

#51

Post by cyberlurker »

ceres wrote: post #24
matt321 wrote: post #20

Earlier quoted context omitted.

This law has good intentions but will be used to imprison political rivals and online gamers. The first link in the chain is forged, captain, get ready for a wild ride.

Wait why would they go specifically after gamers?

I don't think the reasons are good, but gamers often trash talk and bully each other in game. For example, Riot needed to ban people from typing “kys” in League of Legends because it means “kill your self” and they were worried about it. (Whether that is because they care about the players or their liability or both is not for me to decide)

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

#52

Post by onion2k »

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're always used to overreach. It's a shame there isn't a technically-minded group that governments can talk to for advice about this sort of thing.

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

#53

Post by canjobear »

labster wrote: post #26
causality0 wrote: post #10

Results this are why I vigorously defend even the outer fringes of free speech. "With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied, chains us all irrevocably."

That link has already sailed. Libel and slander are already illegal speech, as is inciting violence, as is yelling “fire” in a crowded theater, as is saying curse words on broadcast TV and radio.

If you’re referring to US law, then yelling “fire” in a theater is indeed permitted under the Brandenburg v. Ohio standard.

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

#54

Post by 2OEH8eoCRo0 »

causality0 wrote: post #10

Results this are why I vigorously defend even the outer fringes of free speech. "With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied, chains us all irrevocably."

How does forcing a person to defend their harassing behavior in court do anything to curtail free speech?

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

#55

Post by san_dimitri »

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?

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

#56

Post by ch4s3 »

labster wrote: post #26
causality0 wrote: post #10

Results this are why I vigorously defend even the outer fringes of free speech. "With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied, chains us all irrevocably."

That link has already sailed. Libel and slander are already illegal speech, as is inciting violence, as is yelling “fire” in a crowded theater, as is saying curse words on broadcast TV and radio.

> “fire” in a crowded theater,

This is simply not correct. This was a dum analogy by justice Oliver Wendell Holmes in a case about a draft protest. He later overturned his own opinion in that case expanding free speech.

> Libel and slander are already illegal speech, as is inciting violence

Libel and slander mean the same thing. You're thinking of libel and defamation. All of these are extremely narrowly defined in American law.

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

#57

Post by chrisfosterelli »

causality0 wrote: post #10

Results this are why I vigorously defend even the outer fringes of free speech. "With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied, chains us all irrevocably."

Is there any practical evidence of this slippery slope? Here in Canada hate speech, defamation, and obscenity have been illegal for a while. The idea is that you have freedom of expression, but it only extends as far as it doesn't infringe on another person's entitlement to a life free from discrimination & harassment. I don't feel like this has been a slippery slope for us, only a different place to draw the lines between your rights and mine than where America does. But I'd be curious if there's any practical examples of this happening in other countries.

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

#59

Post by fatherzine »

dehrmann wrote: post #23

I wonder if rules like this level-up a country's skill in sarcasm and irony.

So and so. One may observe an increase in dark humor, but mostly the pareidolia levels increase. People start seeing the illegal thoughts all around them, whether anybody explicitly tries to elicit that response or not.

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

#60

Post by bufferoverflow »

bobthe3 wrote: post #8

Personally I feel this is law is a great step forward to stop hate speech and other forms of severe harassment but the thought that if you happen to “rage” on someone mid game and receive jail time for that scares me. Society is becoming more and more closed off in a way where rather then freedom of expression you have to limit ur speech to not offend another.

Anybody can be offended by anything. You use iPhone,while I use Android? You're using a wallgarden system, that's offensive to me. Welcome to prison.

I had people offended of some things I said, because they misunderstood.

Free speech is much more important than hurt feelings.

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