Book contents
- Hate Speech in Japan
- Hate Speech in Japan
- Copyright page
- Contents
- Tables
- Figures
- Contributors
- Acknowledgements
- Abbreviations
- Introduction
- Part I Outline
- Part II History
- Part III Legal Framework
- 7 Hate Speech and Criminal Law Frameworks in Japan
- 8 Tort Liability for Hate Speech in Japan
- 9 The Frameworks of the Hate Speech Local Ordinances
- 10 The Legislative Process Leading to the Hate Speech Elimination Act
- 11 The Hate Speech Elimination Act
- Part IV Cases
- Part V Multidisciplinary Debates
- Part VI Current Issues
- Book part
- Index
8 - Tort Liability for Hate Speech in Japan
from Part III - Legal Framework
Published online by Cambridge University Press: 15 January 2021
- Hate Speech in Japan
- Hate Speech in Japan
- Copyright page
- Contents
- Tables
- Figures
- Contributors
- Acknowledgements
- Abbreviations
- Introduction
- Part I Outline
- Part II History
- Part III Legal Framework
- 7 Hate Speech and Criminal Law Frameworks in Japan
- 8 Tort Liability for Hate Speech in Japan
- 9 The Frameworks of the Hate Speech Local Ordinances
- 10 The Legislative Process Leading to the Hate Speech Elimination Act
- 11 The Hate Speech Elimination Act
- Part IV Cases
- Part V Multidisciplinary Debates
- Part VI Current Issues
- Book part
- Index
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
- Information
- Hate Speech in JapanThe Possibility of a Non-Regulatory Approach, pp. 187 - 206Publisher: Cambridge University PressPrint publication year: 2021