DEFAMATION AND BROADCASTING LAW
KEYWORD: DEFAMATION, BROADCASTING LAW, NHK

NHK, a government broadcaster on the lines of BBC, after winning a key victory reversed itself and showed magnanimity. Having proven its legal point, its legal rights, it finally admitted it had made a mistake and made up for it. The problem involved a 1986 program where the plaintiff’s husband said he had no idea why is wife divorced him. NHK never interviewed the woman to hear side of the story and she protested her right to defend herself. NHK refused. In the end the Supreme Court of Japan ruled that the Broadcasting Law guaranteed freedom for broadcasters. The Supreme Court did agree with the lower courts award of 1.3 million yen in damages for defamation. Shortly after the decision NHK aired a broadcast, correcting the original broadcast and deeply apologizing.

In another case however, a group of farmers settled with TV Asahi for 10 million yen after they had filed a suit claiming that they had been severely damaged over a news broadcast that sounded like their crop was damaged with dioxin. The Supreme Court found no basis for the report by the broadcaster and ordered damages paid.

Criminal defamation was found by the Tokyo prosecutors when they had arrested 4 employees of Tokyo Broadcasting System. A complaint had been filed by Tokyo Mayor Ishihara. The broadcaster completely misquoted the mayor.
He said:
“I do not intend to absolutely justify the history of the annexation of the Korean Peninsula by Japan”
The broadcaster reported that he said:
”I intent to absolutely justify the history of the annexation of the Korean Peninsula by Japan.”
The mayor said the broadcaster intentionally misquoted him.

Copyright 2005. All rights reserved Attorney Roderick H. Seeman

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