Shukan Bunshun

On March 16, the Tokyo District Court issued a temporary injunction that banned publication the following day of the March 25 edition of Shukan Bunshun, judging that the article in question did not serve the public interest and could cause irrecoverable damage to the daughter, and other parties concerned.

But the high court ruled that the injunction greatly limited freedom of expression, an essential component to the sound development of democratic society and "one of the rights that must be most respected under the Constitution."

The high court acknowledged that the article does not serve the public good and violates the privacy of Tanaka's daughter, but nonetheless does not "greatly" disgrace her or cause "irrecoverable damage" to her because someone's divorce "usually" becomes information widely shared by the public.

At the same time, the high court rejected claims by the publisher, Bungeishunju, that Tanaka's daughter could be viewed as a public figure, agreeing with the district court that she is a private figure.

On April 2, Bungeishunju said it will not sell the some 27,000 remaining copies of the controversial edition because the court acknowledged that the story was a violation of privacy to some extent, and the case is pending before the Supreme Court.

The Japan Times Weekly: April 10, 2004
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