II. Information on Individual Articles of The Covenant

Article 19

Restrictions on Freedom of Expression

(a) Textbook Authorization

Japan adopts the textbook authorization system under the " School Education Law" for textbooks, which serve as the principal teaching material in courses taught in elementary, junior-high and high schools. Under this system the Minister of Education examines books, which are written and edited in the private sector, and decides whether they are appropriate as textbooks. Those which are deemed acceptable are to be used as textbooks.

The demands to guarantee the right of nationals to receive an education at elementary, junior-high and high schools levels are as follows:

(i) The maintenance and enhancement of education levels nationwide

(ii) The guarantee of equal opportunity in education

(iii) The maintenance of appropriate educational content, and

(iv) The guarantee of neutrality in education.

The textbook authorization is carried out to answer these demands. It merely prohibits the publication of textbooks as principal teaching materials, if such books contain material, which is recognized to be inappropriate. Such restriction of freedom of expression is within the limits of rationality and necessity. This line of thinking was also apparent in a decision handed down by the Supreme Court on 16 March 1993.

(b) Restrictions on Mass Media (Freedom of Reporting)

As is stated in the Third Periodic Report, the rights stipulated in this Article are guaranteed under Article 21, Paragraph 1 of the Constitution. Freedom of reporting is likewise guaranteed under this Article.

Freedom of the press is treated differently, depending on whether it is conducted through broadcasting or through newspapers.

(i) Report by Broadcasting

The " Broadcast Law" stipulates four principles of broadcast programs:

In addition, the law provides that there should be careful or recreational programs, and that there should be mutual balance among these programs, thus requiring balanced ratios of different categories of programs (Article 3-2, Paragraphs 1 and 4).

(ii) Newspapers' Reporting

There exists no laws regulating newspaper reporting. Newspaper companies in Japan establish the " Newspaper Ethics" themselves, and these Ethics are used as the guidelines in fulfilling the social responsibility of newspaper companies. If news are to have correct contents, the freedom of gathering materials should be guaranteed. But in some cases, data gathering activities are contrary to the interests of a third party. As to the limit these activities, a judicial precedent (Judgment of 31 May 1988 of the Supreme Court) says as follows: " Needless to say, even the press has no privilege to violate unreasonably the rights and freedoms of others in the course of data gathering activities. The news gathering activities take a form not approved in the light of the spirit of the entire legal system and social concepts not only when the means and methods of these activities involve bribes, intimidation, compulsion or any other act violating general penal criminal laws and ordinances, but also in the cases in which these activities greatly injure the personality of any individual. Such cases must be regarded as beyond the scope of reasonable data gathering activities and as illegal" . Article 215 of the " Criminal Procedure Enforcement Regulations" restricts news gathering activities as follows: no photographing, recording or broadcasting in the court room is allowed without prior approval by the court.