Editing Defamation (section)

====Criminal====
The [[Penal Code of Japan]]<ref name="Japan Penal Code">{{cite web |url=https://www.japaneselawtranslation.go.jp/en/laws/view/3581 |title=Penal Code (Japan) |website=Japanese Law Translation Database System |access-date=28 July 2023}}</ref> (translation from government, but still not official text) seems to prescribe these related offences:

Article 92, "Damage to a Foreign National Flag". Seems relevant to the extent that the wording: "...{{nbsp}}defiles the national flag or other national emblem of a foreign state for the purpose of insulting the foreign state", can be construed to include more abstract defiling; translations of the Japanese term ({{lang |ja |汚損}},<ref>{{cite web |url=https://jisho.org/search?keyword=汚損 |title=汚損 |website=Jisho.org: Japanese Dictionary |access-date=28 July 2023}}</ref> {{transliteration |ja |oson}}) include 'defacing'.

Article 172, "False Accusations". That is, false [[criminal charge]]s (as in [[complaint]], [[indictment]], or [[information (formal criminal charge)|information]]).

Article 188, "Desecrating Places of Worship; Interference with Religious Service". The Japanese term ({{lang |ja |不敬}},<ref>{{cite web |url=https://jisho.org/search?keyword=不敬 |title=不敬 |website=Jisho.org: Japanese Dictionary |access-date=28 July 2023}}</ref> {{transliteration |ja |fukei}}) seems to include any act of 'disrespect' and 'blasphemy'{{snd}}a standard term; as long as it is performed in a place of worship.

Articles 230 and 230-2, "Defamation" ({{lang |ja |名誉毀損}}, {{transliteration |ja |meiyokison}}). General defamation provision. Where the truth of the allegations is not a factor in determining guilt; but there is "Special Provision for Matters Concerning Public Interest", whereby proving the allegations is allowed as a defence. See also 232: "prosecuted only upon complaint".

Article 231, "Insults" ({{lang |ja |侮辱}}, {{transliteration |ja |bujoku}}). General insult provision. See also 232: "prosecuted only upon complaint".

Article 233, "Damage to Credibility; Obstruction of Business". Special provision for damaging the reputation of, or 'confidence' ({{lang |ja |信用}},<ref>{{cite web |url=https://jisho.org/search?keyword=信用 |title=信用 |website=Jisho.org: Japanese Dictionary |access-date=28 July 2023}}</ref> {{transliteration |ja |shinnyou}}) in, the business of another.

For a sample penal defamation case, see {{cite court |litigants=President of the Yukan Wakayama Jiji v. States |vol=Vol. 23 No. 7 |reporter=Minshu |opinion=1966 (A) 2472 |pinpoint=975 |court=[[Supreme Court of Japan]] |date=25 June 1969 |url=https://www.courts.go.jp/app/hanrei_en/detail?id=32 |postscript=none}}{{snd}}also on [[s:Judgement upon penal case of defamation, 1969-06-25|Wikisource]]. The defence alleged, among other things, violation of Article 21 of the Constitution. The court found that none of the defence's grounds for appeal amounted to lawful grounds for a final appeal. Nevertheless, the court examined the case {{lang |la |[[wikt:ex officio|ex officio]]}}, and found procedural illegalities in the lower courts' judgments (regarding the exclusion of evidence from testimony, as hearsay). As a result, the court quashed the conviction on appeal, and remanded the case to a lower court for further proceedings.