Posts Tagged ‘security bill’

In Reality, All News is “Editorialised”

I turned off the news last night. This isn’t entirely uncommon; news programmes in Japan often devote an interminable amount of time to something terribly dull, so I switch off, but last night I turned off the news because my partner and I looked at each other and agreed that this just wasn’t something we wanted to watch any more.

Here’s why. The trial began yesterday of an 18 year old (now 19) and two 17 year old accomplices who, almost exactly a year ago, murdered a 13 year old boy by stabbing him and throwing him naked into a freezing river in Kawasaki. It’s a horrific and disturbing case, and while there are key details that most audiences probably want to know (what the context to the killing was, what kind of previous contact the victim had with his killers, and so on), the sentence I just wrote is probably all you need or want to know about the physical details of the actual killing.

If you watched the news last night, you got so much more. Using a 3D recreation of the courtroom, 3D models of the various parties to the trial and voice actors dubbing the recorded statements of the accused, the news chose to repeat pretty much the entire cross-examination of the accused killers regarding how, exactly, they carried out the murder. In a segment which probably lasted around ten minutes (and felt far longer, though we switched off before the end), we got multiple accounts of precisely how the attackers beat and cut their victim – how many stab wounds, in what parts of his body, and which parts they cut first; how they held the knife as they slashed his throat; how parts of the box-cutter they were using broke off in his body; how they decided to throw him in the river when they were done; all played out over shots of the desolate riverbank where the killing took place, pictures of an artist’s rendering of the murder weapon (complete with blood and gore, in case your imagination was failing you) and, in case you hadn’t been punched hard enough in the gut by all this, pictures of the 13-year-old victim smiling in the sunshine. I’ve got a strong stomach for this kind of thing – I’m fascinated by true crime stories, unfazed by horror movies, and spent the best part of two years conducting research into Japan’s death penalty system and its death row inmates – but I turned off the TV midway, because the extent to which this mid-evening news show was wallowing in detail little short of pornographic of the savage brutalising of a child was genuinely, deeply upsetting.

This was “just the facts”. Everything the TV news chose to show was “fact”; the statements of the accused are facts, what they did to the boy is a fact, what the murder weapon looks like is a fact, what the victim looked like when he was happily smiling for the camera the previous summer is a fact. Yet how those facts are presented – the choice of whether to present them, in what order, with what emphasis – is intrinsically a subjective, editorial decision. Contrast the way in which this case is presented with, for example, the reporting of teenagers stabbed in knife crimes in London; “a 13 year old was stabbed to death by a gang of older youths and his body thrown into a river” – absolutely horrific, but shorn of the lingering, stomach-churning descriptions of where he was stabbed, and how they held the knife, and what it looked like when they cut him, and so much other detail that’s purely “fact”, but that makes a huge, powerful impact on how you perceive and think about the case.

Allow me to put this in a little context. In the past few months, Japan has seen a spate of high-profile news broadcasters being removed or shuffled away from their positions. Two of the mainstays of evening news broadcasting, TV Asahi’s Hodo Station and TBS’ News 23, are losing their well-known hosts (Ichiro Furutachi and Shigetada Kishii, respectively), while NHK’s current affairs show Close-Up Gendai has declined to renew the contract of long-standing anchorwoman Hiroko Kuniya. The circumstances and factors contributing to each change differ, but it’s hard to ignore the common thread between them; each of these presenters has been critical of the Abe administration’s policies, especially around the deeply controversial Security Bill which passed late last year. There are other factors in play as well, of course – Kuniya, for example, is almost certainly as much a victim of Japanese TV’s discomfort with allowing older women to front shows, especially shows seen as being aimed at a male audience – but for three such high-profile and long-standing broadcasters, all critical of the Abe administration, to be removed in such a short space of time is quite obviously no coincidence.

To be clear, the removal of these broadcasters is extremely unlikely to have been demanded or ordered by the government. Rather, it is largely a consequence of a chilling effect on press freedom that has come about due to a perception (accurate or not) of the Abe administration being more willing to take reprisals upon its critics – a sense that broadcasters are expected to “play ball” with the administration to a greater extent than before, enforced not by overt censorious action but by expressions of displeasure, criticism and – rather often – by sudden attacks from right-wingers not associated with the government, but willing to make life hell for its media critics. The environment this creates is not quite the authoritarian one Abe’s critics in the foreign press and elsewhere would claim, but neither is it an ideal one for press freedom – it bears a strong similarity to the media environment in countries like the United Kingdom at the moment, for example.

One common defence of this effective narrowing of the media’s broadcasting remit from supporters of the Abe administration is to refer back to Japan’s Broadcast Law, which includes a demand that news broadcasts should be “politically impartial”. Anchors like Furutachi and Kishii, in expressing dislike of the Security Bill or other government policies, are argued to have violated this law by “editorialising” the news they were presenting.

This concept of “editorialising” is profoundly ignorant of how news and current affairs broadcasting actually works, for a number of reasons. Firstly, shows like News 23 and Hodo Station make a distinction between the segments in which they present the news, and the segments in which they comment upon it; if the Broadcast Law is to be interpreted as strictly as conservatives would like, it would appear to be illegal for anyone to ever present an opinion regarding current affairs on Japanese television. “Yes,” say the conservatives, “news and current affairs should be just about facts!” – which is the second reason for this being nonsense, because “facts” themselves are, by their very nature, subject to editorialisation. “Today, the Yen fell against the Dollar” is a fact, of course; but the decision of whether to broadcast that fact, how much prominence to give it and what imagery to accompany it with is intrinsically a subjective, editorial decision, and Japanese TV news, in presenting the “facts”, makes extremely powerful editorial statements without having to directly state any view. That’s exactly what happened with the Kawasaki murder case on last night’s TV; the choice of which facts to present, the level of detail in which to present them and their contextualisation with background images and video added up to a strong editorial approach with a very different impact from, say, the standard reporting of a teenage stabbing in London.

Why report on the Kawasaki case in such grotesque detail? I’d argue that it’s an editorial decision, conscious or otherwise, designed to support the status quo. Japan has an extremely low crime rate but retains a high level of support for the death penalty (one of the only developed countries to do so), a high degree of trust for its justice system despite multiple revelations of abuse and corruption, and an extremely high tolerance of aggressive, authoritarian tactics from its police force. This status quo makes perfect sense if you recognise the essential disconnection between “actual crime” and “fear of crime”; Japanese people are vanishingly unlikely to be the victim of a violent crime, yet their fear of violent crime is, in study after study, higher than the fear of people living in other, far more violent, nations. How do you maintain that? You linger almost lovingly on the gruesome, shocking details of what crime you actually have; you focus on every murder so intently that when people think about crime, it’s not the everyday safety of Japanese life that comes to mind, it’s the one-in-ten-million psychopaths whose crimes are etched onto the nation’s collective imagination.

Japan’s not the only place that happens, of course – and I’m not arguing for a second that this is some grand conspiracy to keep the population in fear, as there’s really no conspiracy needed; gruesome dramatisation of tragic crimes sells newspapers and boosts TV ratings, and supporting the status quo for the authorities is just a side benefit. What I am arguing is that “just the facts” is not a solution to the supposed problem of “editorialising”; it’s merely moving the editorial decisions to a different, more subtle and arguably more insidious level. A news anchor saying “I don’t like this legislation” is a statement you can challenge or disagree with; a news show presenting “just the facts” in a way designed to nudge your thinking in a clear direction is a much tougher thing for most viewers to challenge or even perceive. Next time someone complains about news being “editorialised”, ask them what they really mean by that; because in reality, there’s no such thing as “just the facts”, and the demands of conservatives that news broadcasters stop “editorialising” the news are actually just demands for a different kind of editorialisation – one that supports the conservative status quo.

 

 

Security bill passes; what next for Japanese politics?

Japan’s controversial and widely disliked new security bill was passed into law early on Saturday morning, as the LDP, their coalition partner Komeito, and a handful of smaller parties pushed the bill through the Upper House following weeks of protests both outside and inside the Diet. It’s been a messy passage for the bill, with the vote delayed on multiple occasions and finally taking place, following widely publicised and rather embarrassing scuffles on the Diet floor, in the small hours of the morning of the 19th.

This bill is arguably the most significant step towards the normalisation of Japan’s military since the formation of the JSDF (Japan Self-Defense Forces, the country’s don’t-call-it-an-army which despite being not-an-army has the world’s sixth largest military budget) in the 1950s. Many pacifists and some left-wing politicians maintain that the very existence of the JSDF is in contradiction of Article 9 of the nation’s constitution, which renounces war and the use of force in international disputes, and states rather clearly: “land, sea, and air forces, as well as other war potential, will never be maintained” (「陸海空軍その他の戦力は、これを保持しない」). Maintaining the legality of the JSDF is a complex dance whose steps have become well-practiced over the past few decades; the nature of the equipment the forces use (largely speaking defensive and short-range, nothing overtly capable of attacking other nations), the operations on which they are deployed (most often disaster relief operations within Japan, though non-combat roles in peacekeeping missions overseas have, with much controversy, been introduced in the past couple of decades) and even the training they undertake is all calculated to reinforce the not-an-army nature of the JSDF. The dance works; the JSDF is an established, accepted and popular organisation, and opposition to its existence on constitutional grounds is a moot point.

The constitutionality of this latest security bill, on the other hand, is far from moot. Constitutional scholars have lined up to condemn the bill; those supporting it are so thin on the ground that even the expert (Waseda University professor Hasebe Yasuo) called by the LDP to testify at Diet hearings turned out to think the bill was unconstitutional. The bill opens up the possibility of Japanese troops being permitted to engage in combat in overseas operations – up until now, Japanese troops could not even return fire when fired upon, and thus had to be protected by troops from other countries when they engaged in reconstruction or peacekeeping missions. It also enables “mutual self-defence” (集団的自衛権), meaning that Japan may, in some limited circumstances (though just how limited remains worryingly unclear) come to the defence of an allied nation that is under attack. Both of these changes required the alteration of the government’s official, legal interpretation of the constitution; this reinterpretation is, according to practically every eminent legal scholar or practitioner in the land, a step too far, breaking rather than bending the constitution.

The consequence is that protestors against the security legislation come from two major schools of thought. The first is the anti-war group, which includes the recently very high-profile youth group SEALDs – a group who have been at the front-line of the regular public demonstrations against the bill and who are presented, not entirely honestly, as being a spontaneous upwelling of youth activism against remilitarisation and (if you’re talking to one of those given to more extreme rhetoric) fascism. In truth, SEALDs is at least partially a very successful rebranding exercise by the same aging protest veterans who have been shouting down the Abe government over remilitarisation, the state secrets bill and nuclear power for several years; with media attention for their protests fading, they cleverly pushed younger faces to the fore, creating a compelling narrative of Japan’s youth being awoken to political participation in defence of their nation’s pacifism. This is not to doubt or pour scorn upon the genuine and heartfelt nature of the protests voiced by the young people who have become SEALDs’ public faces; merely to suggest that we shouldn’t get too excited about the political awakening of Japan’s youth, as there’s little evidence that it yet extends beyond the handful of bright youngsters at the demos.

The second group protesting the bills, generally far more quietly and with far fewer signs equating Prime Minister Abe with Hitler or Stalin, disagree on the basis of constitutionality, as outlined above. There are plenty of people who, I think, are relatively comfortable with the moderate changes being proposed to Japan’s security position but deeply uncomfortable with the government’s decision to ignore or bypass the constitution in order to achieve these changes. Others are concerned that the government’s deaf ear to public opinion represents a disdain for democratic process, although the Abe government would no doubt point out (with some justification) that it was resoundingly returned to power in a general election last December, when the security bill was already firmly on the agenda.

In theory, if the security bill is unconstitutional, there is a safety mechanism within Japan’s model of democracy – the Supreme Court, which is empowered to make rulings on the constitutionality of legislation. Despite the near-unanimous judgement of legal scholars (and even of some Supreme Court alumni) that the legislation fails to pass the constitutional test, you’d be hard-pressed to find anyone who truly expects the Supreme Court to strike down the bill. Unlike the US Supreme Court, which has many failings but does largely manage to act as a counterbalance to the power of the government, Japan’s Supreme Court is noted for its unwillingness to rock the boat and has only issued judgements going against government legislation on a handful of occasions since the 1950s. For it to strike down a bill which is so high-profile, so essential to an LDP programme of government and to a prime minister’s career, and so central to the future structure of US-Japan relations, would be one of the most extraordinary upsets in postwar Japanese politics; it is almost unthinkable. The most likely outcome of a Supreme Court hearing is a mild expression of legal discomfort that falls far short of actually declaring the legislation unconstitutional, a formula which the court has also preferred in its rulings on the legality of recent Japanese elections (which have consistently violated rules on the discrepancy of population and hence vote values between rural and urban constituencies).

SEALDs and other protest groups have vowed to fight on – but in reality, if the Supreme Court does not strike down the legislation (a remote possibility at best), the chances of it being repealed are vanishingly remote. No future LDP government will reverse this legislation, and realistically, barring some extraordinary change in the political environment which places the Japan Communist Party or the Social Democratic Party in power, no other government will either. The DPJ, still hugely diminished since its crippling electoral defeat in 2012 but still the best chance of a non-LDP government at any time in the foreseeable future, has taken the side of the protestors; but by the time it comes to power again in any imaginable scenario, the security alliance between the US and Japan will already be operating on the basis of the new rules enabled by this legislation. It’s one thing to refuse US requests to engage in certain kinds of operation and engagement for many years – as Japanese governments have done, to great US frustration, for decades – it’s entirely another to pull out from existing engagements and commitments, deliberately passing legislation to restrict operations and defy US wishes. As the DPJ discovered last time they came into power, when Prime Minister Hatoyama was forced to resign over his foolish unilateral pledge to defy the US’ plans for its military bases in Okinawa, drastic alterations to international agreements, especially those which would fly directly in the face of the US-Japan Security Treaty, make very poor campaign pledges. With the bills passed, the DPJ – if they have any sense – will likely dial down their rhetoric and start engaging with other issues (again, if they have any sense, they’ll focus on the economy and the utter disappointment of Abenomics).

The bill, in short, is now a fait accompli, failing a deus ex machina appearance from a Supreme Court that suddenly finds itself in possession of a functioning spine. The mainsteam political parties will likely recognise it as such and withdraw from campaigning on this issue, leaving groups such as SEALDs looking increasingly fringe and isolated. Yet there’s still value to their continued campaign, because much of the fear of this bill comes from a slippery-slope argument; a belief that for Abe, this bill is only another step on a path that will push Japan back to its pre-war imperialism, hardline nationalism and fascist militarism. The bill would be controversial no matter who proposed it, but it’s all the more hated because it’s Abe at the helm; and while the bill itself is now in a very solid position, continued protests against Abe and his policies may spread discomfort with his leadership and embolden his rivals within and without the LDP. History could come full circle; just as Abe’s grandfather, the “Showa monster” Kishi Nobusuke, managed to pass the 1960 revision to the US-Japan Security Treaty but was forced to resign in the aftermath, so too may Abe’s security bill pass safely while simultaneously igniting the flame that will eventually smoke him out of office.

There’s just one problem; there’s really nobody convincing on the stage who might step forward to challenge and replace him. Until he’s actually got a rival, does it even matter how little the people trust Shinzo Abe’s motives and policies?