In Constitutional Revision, LDP Seeks to Restrict Press?

Fresh from its landslide victory in the Sept. 11 general election, the Liberal Democratic Party is moving fast to enact its vision for Constitutional revision, news reports said. Earlier this week, the LDP announced that it intended to include in its revision proposal five new constitutional rights, including a controversial "right to know" that some argue could restrict freedom of the press.

The five rights include 1) the right to protect personal information; 2) the right to know; 3) the right to a clean environment; 4) rights for the handicapped and crime victims; and 5) the right to protect intellectual property.

What has the media most concerned is the so-called "right to know." The LDP defines it like this: "The right to know provides that the national and local governments shall bear the responsibility of explaining the content of what they do, and that the people's right of access to information shall be guaranteed."

Though it sounds much like the concept of open government, what the LDP is after is restricting the freedom of the press, claims the anonymous (but oft-quoted) lawyer and former newspaper reporter who pens a blog titled (loosely) “What We Can Do to Promote the Free Circulation of Information.”

"Behind the deliberating over this right to know, is the political motivation to establish a new right of access. What this is, in effect, is a right of reply that gives anyone who is criticized in the newspapers or on television (politicians have themselves in mind) the right to rebut the criticism in the same space.”

The new rights had been considered at a meeting in July, but at the time were shelved for further discussion. However, the LDP's overwhelming victory at the polls in September has added new momentum to their consideration.

Not only did the LDP and its coalition partner Komeito achieve complete dominance of the lower house of Parliament with a combined 327 seats, but they even obtained more than two-thirds of the total seats, enabling the ruling coalition to override a dissenting vote by the upper house of Parliament.

Earlier this year, in a post titled “Media Change Tone on Constitutional Revision,” JMR noted that several newspapers had argued strongly against this right to access:

“The Yomiuri said such a provision would encourage fringe groups to protest media coverage, and politicians to exert further pressure on newsgathering. The Nikkei argued that including such a provision 'would diminish freedom of the press, and conversely become an obstacle to the people's right to know.'"

The LDP hopes to present its final revision proposal in November in conjunction with the celebrations marking the 50th anniversary of its founding.