O ZNIESŁAWIENIU ZMARŁYCH W PRAWIE JAPOŃSKIM
DEFAMATION OF THE DECEASED IN JAPANESE LAW

Summary/Abstract: Japan is considered the country with the most lenient laws restricting freedom of speech. However, this state of affairs has recently changed due to the suicide of a celebrity caused by hate speech directed at her mainly through social media. Nevertheless, the actual sanc- tions for violation of reputation (honor) in Japanese law are less strict compared to Euro- pean regulations because of historical, social, and cultural conditions. Extra-legal norms that have been developed allow society to function properly even without requiring the law to interfere in this sphere of private life. The purpose of this article is to indicate the fac- tors affecting freedom of speech, using the example of the posthumous protection of the reputation of the deceased in Japanese law. This example provides opportunities to answer questions about why sometimes a reputation is also legally protected after death, and what conclusions should be drawn from this for other legislations.

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