헤이트 스피치 해소법 제정 이후 일본의 혐오표현 규제동향과 시사점

Abstract

The Act on the Promotion of Efforts to Eliminate Unfair Discriminatory Speech and Behavior against Persons with Countries of Origin other than Japan(Briefly, The Anti-Hate Speech Act) was established when racist protests and hate speech (especially against Koreans in Japan) that became active around 2010 caused social conflict. In the preamble of this law, it is declared that unfair discriminatory words and actions are ‘unacceptable’. However, it was enacted in the form of a philosophical law with no prohibition or punishment provisions. And now, this Act serves as a guideline for interpretation of other laws, as well as a basis for enacting ordinances related to hate speech by local public organizations. Although Japan does not directly regulate hate speech against unspecified people, it clearly states that unfair discriminatory speech and behavior is not tolerated in Japanese society through the enactment and enforcement of the law. Furthermore, it is evaluated as a different type of regulation from the United States or Europe in that it requires national and local public organizations to come up with policies to resolve hate speech. In this paper, first, the circumstance of enactment and main contents of the Anti-Hate Speech Act are briefly reviewed (II). And then, the achievements and tasks of Japan's anti-hate speech law, enacted and implemented in the form of philosophy law, are examined focusing on the current status of relevant judicial judgments and the situation of local public organizations preparing policies(in particular, ordinances) for resolving hate (Ⅲ), check the implications (IV).