Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Wednesday, March 12, 2014

The Right To Know and the Japanese Constitution

Marcelo Corrales, Leibniz University Hannover, Institute for Legal Informatics (IRI), has published Right to Know v. the Secrecy Law in Japan: Striking the Right Balance. Here is the abstract.

The 'right to know' information is a well established human right principle protected under the umbrella of Public International Law. In Japan, this right stems from the Japanese constitution and its provisions were enshrined in the Administrative Information Disclosure Law (AIDL) of 2001. However, in December 2013, the Japanese National Diet passed a Secrecy Bill which caused uproar among legal experts, the media and other civic and human rights organizations, mainly due to its failure to come to term with the concept of secret information, which may undermine and hamper journalistic activities and freedom of the press. The 'special gravitas' question of striking the right balance between the legitimacy of state secrets and the public's right to know persists in Japan still. This article attempts to answer some of these lingering questions and strives to find a solution.

Download the paper from SSRN at the link.

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