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Court rejects JCP's appeal in libel case

The Tokyo High Court on September 15 rejected the Japanese Communist Party's demand that Fuji Television Network broadcast corrections and issue an apology for airing a documentary drama with distorted facts.

While pointing out that the TV program may have caused misperception of the JCP among its viewers, the court said, "The aired program did not necessarily commit libel against the JCP."

The JCP filed the libel lawsuit against Fuji Television following the latter's refusal to broadcast corrections to a dramatized documentary program about North Korea's abduction of Japanese citizens. The documentary said the JCP expelled a man from the JCP because he was involved in the investigation of abductions. This description was in disregard of the fact that he had been expelled from the party because he asked Public Security Police officials to arrange a job for him.

Following the district court rejection of the JCP's claim, the JCP appealed to the Tokyo High Court in January 2005.

In a comment criticizing the court decision on the same day, Ichida Tadayoshi, JCP secretariat head, said:

"In the hearing at the intermediate appeal, the JCP pointed out that the district court ruling had been in contravention of the Supreme Court precedent that said that the ruling of a libel case involving TV programs should be made after examining the entire program.

The Tokyo High Court said it cannot deny that the Fuji TV program's description included portions that would give the viewers the impression that Hyomoto Tatsukichi had been expelled from the party because of his involvement in the investigation of the abduction issue. This is how the court has acknowledged that there were scenes that would mislead the viewers.

The JCP strongly protests the Tokyo High Court decision for denying the broadcaster's obligation to comply with the Broadcast Law and the broadcaster's responsibility for compensating for libel as provided by the civil code. " -- Akahata, September 16, 2005