Aisuru futari ---> bokeshi (E+J)

[Aaron Gerow]

>Or was the a legal case or incident that has provoked this self-censoring by
>the networks?

I have not done enough historical research on this to offer a fully 
educated opinion, but here are two observations.

First, there has been a spate of controversies over the past few years 
over news outlets (particularly magazines) printing the photos of 
juvenile offenders.  Most news organizations have a rule that they will 
not print the name or show images of a suspect until they are arrested 
(though there are plenty of exceptions, like the Miura LA murder case, in 
which it was largely the media that pointed out the suspect--but 
remember, Miura won most of his libel cases against the media).  Even 
after arrest, the media will not print the name or show the picture of 
the individual if he or she is a juvenile offender.  A few organizations 
have broken this rule and that has caused a lot of controversy.  I wonder 
if some of this has not spread over to other reporting, producing a fear 
of treading on anyone's rights in this area.

Second, from my cursory readings of Japanese copyright law, I recall 
statements to the effect that Japanese law recognizes what are called 
jinkakuken (???) more than, say, US law.  Jinkakuken are usually 
translated as personal rights, but the idea here is that one has rights 
over one's person, including character, honor, etc.  Problems relating to 
jinkakuken are also related to privacy and libel issues, but apparently 
the concept is broader and is protected under Article 13 of the Japanese 
Constitution.  Looking at my copy of the Hanrei kihon Roppo, it is clear 
that Japan, as with many nations, balances free speech rights with rights 
to privacy, etc., but as recently as 1995, there have been cases of the 
courts prohibiting reporters from mentioning the criminal records of 
people if there was not any clear and pressing public need for that 
information.  (US libel laws, for instance, would not stop such a 
practice, I think.)  People then have a right over their personal 
character that is a basic constitutional right, but one that in other 
ways approximates copyright.  Institutions apparently have limited 
jinkakuken, too.

Note, for instance, that variety shows that do on the street reports in 
general do not use bokashi, so the issue is not necessarily one of 
shozoken (rights over one's picture).  The programs that do put in 
bokashi are usually news relates shows that are trying to respect the 
jinkakuken of people who do not want to be associated with some criminal 
(thus class photos of the suspect usually blots out the faces of all the 
classmates).  THe same can be true with companies (thus the hotel 
business).

We should also remember, keeping in mind the hubbub over the wiretapping 
law this summer, that in many ways Japanese have a much stronger sense of 
privacy/personal rights than do many Americans.  I think this relates to 
the issue of jinkakuken.

Anyways, this does not answer all of Markus's questions, but I hope it 
provides some of the legal background.  (THough if any of you are lawers 
out there, feel free to correct or expand on what I said.)  

Aaron Gerow
Associate Professor
International Student Center
Yokohama National University
79-1 Tokiwadai
Hodogaya-ku, Yokohama 240-8501
JAPAN
E-mail: gerow at ynu.ac.jp
Phone: 81-45-339-3170
Fax: 81-45-339-3171