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8 - Tort Liability for Hate Speech in Japan

from Part III - Legal Framework

Published online by Cambridge University Press:  15 January 2021

Shinji Higaki
Affiliation:
Fukuoka University
Yuji Nasu
Affiliation:
Seinan Gakuin University
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Summary

This chapter discuss the extent to which the law of tort can provide relief for victims of hate speech in Japan. With regard to hate speech targeting a particular individual or organization, there is a possibility that the victim may win compensation for damages under a claim for the torts of defamation or of insult. Given that hate speech typically targets no specific individual or organization, but rather defames and degrades a group and advocates the elimination of all members of the group, it is difficult – if not impossible – to impose tort liability on the speaker.

Type
Chapter
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Hate Speech in Japan
The Possibility of a Non-Regulatory Approach
, pp. 187 - 206
Publisher: Cambridge University Press
Print publication year: 2021

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