in article BE10EC10.3F5B%eschaal@max.hi-ho.ne.jp, Ernest Schaal at
eschaal@max.hi-ho.ne.jp wrote on 1/17/05 4:14 AM:

> in article 41EA479D.5EF60B38@yahoo.co.jp, Eric Takabayashi at
> etakajp@yahoo.co.jp wrote on 1/16/05 7:53 PM:
> 
>> Ryan Ginstrom wrote:
>> 
>>> Maybe those in our midst with a knowledge of Japanese law can clear this up,
>>> but I believe that in Japan, damaging public statements are subject to
>>> defamation (名誉毀損) laws, even if they are true. What matters is if the
>>> "victim's" public standing was damaged, whether that standing was deserved
>>> or not.
>> 
>> You will recall it was Ernest the lawyer a while ago, claiming that x was not
>> libel or slander if it was true.
> 
> That was one case where I was probably wrong.
> 
> According to US law (I am an American attorney licensed in Texas and
> California), truth is an absolute defense to libel or slander (although it
> is not an absolute defense to invasion of privacy suits).
> 
> Although I have read books on Japanese law, I can't say that my knowledge of
> Japanese law is sufficient to say that Ryan's statement is not true.

I did a little research on the Internet, and it appears that Ryan's
statement is not merely not obviously untrue, it appears to be basically
true. (please notice the removal of doubt)

Apparently, while truth is not an absolute defense in Japanese libel law, it
is a consideration that the court will consider, with the burden of proof on
the defendant. Another consideration appears to be public interest.

One cite to an analysis of the trend of politicians suing for libel can be
found at:
http://www.japanlaw.info/lawletter/2003/2003_LIBEL_LAW_AND_CORRUPTION.html

As a practical matter, one disincentive for NHK suing is that it keeps the
story alive and increases the chance that people will have to resign. Like
the BBC in England, NHK is already suffering from self-imposed wounds. In
NHK's case, it is from a series of scandals resulting from embezzlements and
faulty accounting practices. If this latest story turns out to "have legs,"
then heads will have to roll.