Clampdown on demonstrations in Shinjuku, not only hate speech

Tokyo’s Shinjuku Ward is introducing major restrictions on all public demonstrations, not just those involving hate speech, by banning the use of three of its four large parks as departure points.

The ward reported the decision to its assembly on June 27, citing complaints from local residents about the effects of demonstrations. The move prompted widespread opposition, including from representatives of the Japanese Communist Party and the Constitutional Democratic Party of Japan, saying that the near-blanket ban could infringe on the right to free speech.

Concerned members said that any policy change restricting demonstrations should be focused on hate speech targeting foreign residents.

Ward officials said the policy is designed to put restrictions on all types of demonstrations, saying they can be a nuisance to residents.

Masahiro Usaki, a professor emeritus at Dokkyo University and expert on the Constitution, said the ward's decision could affect freedom of expression and that the ward government first needs to spell out the purpose of proposed regulations.

"The ward government must ask the assembly to discuss the situation of residents and the impact of regulations, instead of taking a simple procedure of changing the criteria for the use of parks," he said. "Careful consideration is necessary to keep the regulations to minimum necessary levels."

The criteria for which its public parks can be used for protests was changed on June 20, according to the ward. Those adjacent to schools, educational facilities and shopping streets are not permitted to be used as starting points of demonstrations, leaving only Shinjuku Central Park eligible for such use when the policy becomes effective in August.

At an assembly committee meeting on June 27, a Shinjuku Ward official involved in the decision to change the criteria said: “Other than those involving hate speech, there are demonstrations in which very large groups of people chant slogans. We considered the impact of such events.”

Another official said, “It is a great nuisance to residents when many people from outside the area gather in nearby parks.”

In 2017 a rule designed to tackle hate speech was introduced in Kawasaki, Kanagawa Prefecture, where problems have arisen over anti-Korea demonstrations. City authorities can refuse to allow groups to use public facilities if they determine they intend to use them for hate speech.

Kenichi Yoshizumi, mayor of Shinjuku Ward, defended the ward’s decision to implement a measure that restricts demonstrations other than ones involving hate speech.

“It is difficult to determine whether or not a protest involves hate speech," he said. "There is a danger that groups might apply repeatedly by changing their names and leaders.”

Yasuko Morooka, a lawyer versed with hate speech issues, said the ward's move could infringe on freedom of expression and assembly, guaranteed by the Constitution.

"If ward authorities want to prevent hate speech demonstrations, they need measures that will deny the use of parks to organizers of such demonstrations," she said.

According to the ward, 77 demonstrations departed from four parks in fiscal 2017. Of those, at least 13 featured hate speech against people from specific countries, ward officials said.

The ward said it had received requests from residents since May to clamp down on protest events, citing traffic regulations and nuisances such as noise.

“As the administrator of the parks, we want to stop the deterioration of the living environment,” said a ward official.