Appeal Rejected: “Abdication of Judiciary’s Role”

Appeal rejected
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Appeal rejected by Tokyo High Court in defamation case against previous communist Member of Parliament. Religious minority the Family Federation reacts strongly

Tokyo, 24th December 2024 – Published as an article in the Japanese newspaper Sekai Nippo. Republished with permission. Translated from Japanese. Original article. 

Appeal by Family Federation Dismissed by Tokyo High Court in Lawsuit Against Yoshifu Arita

by the editorial department of Sekai Nippo

Yoshifu Arita
Yoshifu Arita (有田芳生) former communist and long-term activist against the Family Federation. Here giving a speech on the street in front of Hachioji Station in Tokyo 14th October 2024. Photo: Noukei314 / Wikimedia Commons. License: CC ASA 4.0 Int. Cropped

The Tokyo High Court delivered its verdict on 23rd December 2024 in the appeal trial filed by the Family Federation for World Peace and Unification (formerly known as the Unification Church).

Nippon TV
Nippon TV logo. Public domain image

The organization had sought damages from Nippon Television and journalist Yoshifu Arita (有田芳生) for alleged defamation. Presiding Judge Akifumi Ota (太田晃詳) ruled that while Arita’s statements did diminish the social reputation of the organization, they were “made with the aim of contributing to the public interest” and “did not exceed the boundaries of opinion or commentary.” As such, the court dismissed the appeal filed by the organization.

19th August 2022, during an episode of Nippon TV’s information program Sukkiri, Arita stated,

“The National Police Agency has already recognized it as an anti-social group that has engaged in spiritual sales schemes.”

Justice scale silhouette
Justice scale silhouette. Illustration: HTGS / Wikimedia Commons. License: CC ASA 4.0 Int

In the first trial at the Tokyo District Court, the organization argued that Arita’s statement falsely claimed police acknowledgment of the group as an anti-social entity, severely damaging its social reputation. The group sought 22 million yen in damages, as well as measures to restore its reputation, including an on-air apology.

Organization Responds: “Refusal to Address Key Issues”

The Family Federation commented on the decision, acknowledging that unlike the Tokyo District Court’s ruling – which denied defamation for reasons such as the brevity of the statement (around 8 seconds) and the lack of accompanying subtitles – the Tokyo High Court did recognize that the statement constituted defamation. However, the Family Federation criticized the court for excluding the statement “The National Police Agency has recognized it as an anti-social group” from the truth-verification process. The federation argued that this statement was central to the case and significantly exacerbated the alleged defamation.

Anti-defamation league
Logo of Anti-Defamation League (ADL), a New York-based international NGO, originally founded to fight antisemitism and other forms of bigotry and discrimination. Public domain image

The organization stated:

“This verdict completely fails to address the significantly aggravated unlawfulness (defamation) stemming from Arita’s claim that ‘the National Police Agency has recognized it as an anti-social group,’ which goes beyond mere opinion. It reflects a judicial stance that stubbornly refuses to provide legal relief for our organization, even at the expense of inventing various justifications at both the district and high court levels. Such conduct could be seen as an abdication of the judiciary’s role.”

Regarding the possibility of filing a further appeal, the organization noted that it would carefully consider whether constitutional issues or violations of precedent are involved before making a decision.

See also Judges Clearly Swayed by Media

See also Civil Case Ruling Shows Partiality of Judiciary

See also Criticism Grows: Japan’s Alarming Judicial Trends

Featured image above: Japanese judges. Illustration: Microsoft Designer Image Creator, 6th October 2024.

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