Japan’s New Laws to Curb New Religious Movements

In report to UN offices, international human rights expert exposes how Japan has introduced new laws specifically to make it impossible for minority religions to operate

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Patricia Duval, French attorney specialised in international human rights law, sent on 22^nd September 2024, a 29-page report titled “Japan: A Witch Hunt to Eradicate the Unification Church” to several UN offices. Bitter Winter, the leading international magazine on religious freedom and human rights published 3 days later, on 25^th September, an executive summary of the report. The day after, the magazine started publishing a 5-part series where Duval gives a more detailed description of the content.

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Text: John Milton / Knut Holdhus

Enactment of new laws

In her report to the UN, Patricia Duval points out how special laws have been introduced in the “land of the rising sun” which pose serious threats to religious freedom. The laws contain unclear concepts like “undue influence”, that is open to a wide variety of interpretations and can easily be exploited by opponents of religion.

Japan’s 2022 law on “unjust solicitations” puts new religious movements under scrutiny

On 16^th December 2022, Japan enacted Act No. 105, known as the “Law on Preventing Unjust Solicitation for Donations by a Corporation” or simply, the “donations law”.

Consumer Contract Law — *The Consumer Contract Act of Japan, 2018 edition.*

Amending the country’s Consumer Contract Act, this new regulation aims to “safeguard” individuals from “unjust solicitations”, especially in the context of donations. A significant focus of the law is the prevention of coercive or “undue influence” tactics used by organizations, primarily targeting non-traditional religious groups, often labeled as “cults”.

Defining and regulating “unjust solicitation” for donations

The donations law sets forth several obligations for organizations soliciting donations, making it mandatory that they avoid suppressing donors’ free will. Article 3.1 explicitly addresses this issue, incorporating the concept of “undue influence” into the legal framework. Critics argue that this vague term could open the door to subjective interpretations, potentially leading to discriminatory practices against new religious movements.

Duval writes,

“The new law contains a provision specifically designed for religious donations: ‘Article 4: When soliciting donations, a corporation, etc. must not confuse the individual who is being solicited to donate by engaging in any of the following acts: […] (vi) indicating to the individual that psychic sense or other special abilities that are difficult to be reasonably verified have shown that a serious disadvantage would occur to the life, health, property, or other significant matters of the individual or their relatives, unless the individual takes certain measures to fuel their fear, and then, informing the individual that the serious disorders can be completely avoided if the individual donates and the donation will be essential.’”

Imagery of Sage Yagnavalkya. He was a sage and teacher who played a central role in one of the Upanishads, early Hindu philosophical and metaphysical texts. It is assumed that the concept of karma dates back to him, who lived ca. 500 BC. His idea would later become widely accepted: “A person becomes good through good actions and bad through bad actions.” The Family Federation does not use the word “karma” in its teachings but explains that our actions are important for our spiritual growth. Photo: Subbyseeta / Wikimedia Commons. License: CC ASA 3.0 Unp. Cropped

This stipulation indirectly targets practices like the “karma talks” [Editor’s note: term coined by activist lawyers opposed to the Unification Church / Family Federation] associated with the Family Federation. Activist leftwing lawyers claim that potential donors may be warned of adverse spiritual consequences, such as bad karma or even hell, if they fail to contribute. Talking about bad karma is of course not unique to the Family Federation and is seen in various forms across many religious traditions. According to Patricia Duval the new law appears, however, to narrowly apply to non-mainstream religions, effectively exempting established institutions like Buddhism and Catholicism.

Consequences of “confusing” donors

If a donation is made under conditions deemed “confusing” or “coercive”, the new law allows donors to rescind their contributions. The time frame for rescission is five years but can extend up to ten if donors were influenced by teachings on karma or similar spiritual warnings. This extension is significant, as it provides a broader window for individuals who may later feel manipulated to revoke their donations, potentially destabilizing the financial security of smaller religious organizations.

The law also allows certain relatives or dependents of the donor – including spouses, children, parents, or siblings – to request rescission if they believe a family member was unfairly pressured. This provision aims to protect those who may be financially impacted by the donation. It grants recourse not only to donors but also to their immediate family members, who may seek restitution if they can demonstrate that the donor’s decision harmed the family’s financial stability.

Legal assistance and penalties

In a further step to support individuals seeking rescission, the law enables the Japan Legal Support Center to offer assistance to those seeking legal recourse, including providing advice and operating a dedicated hotline. These measures are designed to streamline the rescission process and make it easier for individuals to reclaim donations made under questionable circumstances.

Introduced new laws — Logo of the Consumer Affairs Agency (CAA) of Japan, an administrative agency under the Ministry for Consumer Affairs and Food Safety. Under a law enacted on 10th December 2022, the Consumer Affairs Agency gained authority over matters related to donations between religious organizations and their followers. Previously, the Agency for Cultural Affairs held sole jurisdiction over all administrative matters involving religious organizations. This legislation aims to address issues such as donations to new religious movements like the Unification Church. Photo: 消費者庁 / Wikimedia Commons. Public domain image

Additionally, if the Ministry of Consumer Affairs and Food Safety identifies a pattern of unjust solicitations, it can order the religious organization to cease its fundraising activities. Failure to comply with this order can result in criminal penalties, including imprisonment for those responsible.

A targeted move against new religious movements

Many view the law as a thinly veiled attempt to curb the activities of new religious movements like the Family Federation. While framed as consumer protection, critics argue that it may incite former donors to rescind contributions and pursue damages, with the support of state-funded legal assistance. They contend that the legislation disproportionately affects non-traditional religious groups, effectively labeling their practices as socially unacceptable while ignoring similar practices in mainstream religions.

Implications and future considerations

The donations law marks a significant shift in Japan’s approach to regulating religious organizations, raising questions about freedom of belief and religious expression. While supporters argue that it provides necessary protections against exploitation, detractors worry it could stigmatize and financially weaken smaller religious movements.

Featured image above: On May 19, 2023, Prime Minister Kishida, who is visiting Hiroshima Prefecture, held a summit meeting with President Emmanuel Macron of the French Republic. This is the photo that Bitter Winter used to illustrate its article, writing that Japan’s campaigns against new relgious movements increasingly resemble those of France. Photo: 首相官邸ホームページ / Wikimedia Commons. License: CC Attr 4.0 Int

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