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"Regulating Hate Speech in Japan: Developments, Debates, and Challenges" - with Ayako Hatano, University of Oxford, Faculty of Law

Online participation is possible using the following link.
https://uni-kassel.zoom.us/j/93963819700?pwd=clg0eldIcjV6SUFwUUZJTjRRZTV5dz09

Brief Summary of the lecture

This lecture examines Japan’s evolving approach to regulating hate speech, with particular attention to developments in the digital age. It traces the interplay between constitutional protections of free expression under Article 21, rising social concern over xenophobia and online harassment, and the state’s cautious move toward formal regulation. Starting with the 2016 Hate Speech Elimination Act and subsequent municipal ordinances, the lecture explores how Japan has attempted to balance symbolic legislation with practical enforcement mechanisms. It also considers recent policy initiatives, platform guidelines, and court cases addressing online hate speech and misinformation, situating these within Japan’s broader regulatory landscape for digital technologies—including data governance, platform accountability, and AI ethics. The discussion highlights key debates on the limits of permissible expression, the responsibilities of digital intermediaries, and the tension between voluntary compliance and legal intervention. Ultimately, the lecture assesses Japan’s distinctive regulatory trajectory: a hybrid model relying on soft law, social norms, and incremental legal reform to navigate the challenges of protecting human dignity in an increasingly digital public sphere.

Referentin / Speaker: Ayako Hatano, University of Oxford, Faculty of Law

Ayako Hatano is a DPhil candidate in Law at the University of Oxford (Clarendon Scholar) and an Adjunct Lecturer at Ritsumeikan Asia Pacific University in Japan. She is also a Visiting Researcher at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. She holds a BA, JD, and MA from the University of Tokyo, and an LLM from New York University School of Law, where she was a Fulbright Scholar. Ayako’s research lies at the intersection of international law, technology governance, and human rights, with a particular focus on how global legal norms are internalised and adapted within domestic contexts. Her work examines regulatory frameworks for online platforms, AI governance, and digital rights, exploring how emerging technologies are reshaping accountability, access to information, and freedom of expression. At Oxford, she is an active member of the Bonavero Institute of Human Rights, where she leads the Business and Human Rights Discussion Group and Network. She has collaborated with international organisations, governments, and civil society on issues related to technology regulation, human rights compliance, and sustainable development, bridging academic research with policy and practice. Her recent publications include:

  • “Hate Speech and International Law,” in S. Higaki & Y. Nasu (eds.), Hate Speech in Japan: The Possibility of a Non-Regulatory Approach (Cambridge University Press, 2021); and
  • “Regulating Online Hate Speech through the Prism of Human Rights Law: The Potential of Localised Content Moderation,” (2023) Australian Year Book of International Law 41, 127.

Her current research explores AI ethics, digital content moderation, and multi-level governance frameworks for regulating online spaces, aiming to inform both international policymaking and platform accountability mechanisms.

 

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