Mass media reported March 20 that the Democratic Party of Japan (DPJ)-led government abandoned presenting a Bill on Secrecy Protection (provisional name) to the Diet, the worst-ever law that deprives the right of people to know and denies freedom of the press. The government has only postponed the date of submission because it faces difficulties in the controversy to raise the consumption tax rate. The DPJ administration does not renounce the plan. Keep a close eye on developments.

GOVERNMENT WITHDREW BILL FOR CONVENIENCE, NOT ABANDONED

The draft bill is to enact a law to tighten penalty on public workers if they leak classified information on diplomacy and public order. Media reports say that Chief Cabinet Secretary Fujimura Osamu told, quoting, that 'considering various opinions on the right of people to know and freedom of the press, we should be cautious over the issue'.

The reports added a comment of a DPJ leader, who told that the Diet had so many agenda to debate that it could not touch on the bill in question, even if it was raised to the Diet.

Judging from the process of drafting the bill, it is right to say that the DPJ withdrew it because the issue to hike the consumption tax rate would take time and need tactics to manage the session.

The state power has maintained a policy to legislate for protection of delicate information since the days of Nakasone government in the 1980s, when the Espionage Prevention Act was refuted by the popular movements. The state is tenacious. Therefore, it is crucial to remind that the Noda government did not abandon the policy on the ground to contemplate the right of people to know and freedom of media coverage. It has not yet decided to give up legislation.

Everything can be Secret

The Bill on Secrecy Protection covers three areas: (1) national security, including the defense, (2) diplomacy and (3) maintenance of public safety and order. It contains a rule that relevant ministers are entitled to designate as 'special secret' crucial information that involves the very existence of nation.

The government would be allowed to let such information be classified as people are eager to know; on military affairs like Futenma Air Base and overseas deployment of the Self Defense Forces, the TPP agreement which may impact on people's life, diplomatic issues, including a policy to eliminate nuclear weapons, and nuclear safety and radiation disaster provoked by the accident at the Fukushima Nuclear Power Plant.

In November two years ago the then-chief cabinet secretary Sengoku Yoshito told in the Budget Committee of the House of Representatives, referring to a release of video film on the collision between a Chinese fishing boat and the Japan Coast Guard's vessels, that 'penalty on an abuse of confidentiality is slight in the current National Public Servant Law. It is insufficient in deterrence effect. An earlier review should be made on the duty of confidentiality in the legislation'.

Based on the advice, a panel, called Council of Intellectuals to Examine Duty of Confidentiality in Legislation, was established, which presented last August a report to the government. Under the Noda administration a panel led by Chief Cabinet Secretary Fujimura, the Council to Study Laws on Information Protection, has been set up to draft the bill.

Boundary Grows

According to the panel's report, the would-be law will tighten penal regulations on public servants in charge of sensitive information, if they deliberately leak it. The law could work as deterrence. The report proposes to 'appropriately evaluate' officials in charge of special secrets, focusing on their personal life, visits to foreign countries and criminal records, and advises to investigate spouses.

The government-entrusted entities, such as independent administrative institutions, and even private companies, could be put under surveillance. In other words, a person who might have ties with a person in charge of special secrets may be investigated. Boundary grows indefinitely.

Government's Pledge - Information Disclosure

The DPJ government has submitted a bill to revise Information Disclosure Act to specify the right of people to know. The Manifesto pledges easier access to information. But the bill has been shelved. The first job is to approve a law on information disclosure.

April 3, 2012