REPORT: OSAKA–The Osaka High Court on July 8 upheld a lower court ruling that banned public rallies blaring racist insults and awarded compensation to a Korean school targeted by the taunts.
The court rejected the appeal filed by Zainichi Tokken wo Yurusanai Shimin no Kai (Group of citizens who do not tolerate privileges for ethnic Korean residents in Japan), known more commonly as Zaitokukai, whose members argued that they were exercising their constitutional right to freedom of speech.
Presiding Judge Hiroshi Mori dismissed the group’s argument.
“The activities related to the rallies using handheld microphones were conducted with the intent of appealing to the general public their discriminatory feelings toward Korean nationals living in Japan,” Mori said.
“The activities cannot be considered as having the objective of contributing to the public interest. The students at the school suffered major psychological damage through the irrational acts of racial discrimination.”
The court upheld the Kyoto District Court ruling that ordered Zaitokukai and its members to pay a total of 12.26 million yen ($120,000) in compensation to Kyoto Chosen Elementary School and banned the group from organizing rallies near the school in Kyoto’s Fushimi Ward.
The plaintiff’s lawyers said it was the first time for a high court in Japan to uphold a compensation order over “hate speech” targeted at a minority group. Zaitokukai plans to appeal the decision to the Supreme Court.
