Japan's government has unveiled the initial details of its 'anti-spying law' aimed at preventing foreign influence on public opinion and policy. The law would mandate the registration of 'foreign agents' acting under the direction of foreign governments and impose penalties for unregistered activities, deceptive approaches, and intimidation. The government plans to submit the bill to the regular session of the National Diet next year.
According to the Yomiuri Shimbun on October 27, the government presented the direction for the proposed 'foreign interference prevention law' during a meeting of experts on enhancing intelligence capabilities held at the Prime Minister's Office the previous day. The government explained that while espionage activities can be regulated under existing laws such as the Act on the Protection of Specially Designated Secrets, there is insufficient legal basis to regulate undue foreign influence through agents. The expert meeting also saw a consensus on the need for institutional reform.
This initiative is part of Prime Minister Sanae Takaichi's efforts to strengthen the government's intelligence collection and analysis capabilities. The ruling Liberal Democratic Party and the Japan Innovation Party included the enactment of an anti-spying law in their coalition agreement last October. In July, the government established the National Intelligence Council, which oversees intelligence activities, and the National Intelligence Bureau, which handles operational matters.
The core of the proposed legislation is the 'foreign agent registration system.' This would require individuals or entities that enter into agreements with foreign governments or receive instructions to influence Japan's political and administrative affairs to register with the government. Consulting, advertising, lobbying firms, and think tanks could fall under this requirement.
Activities subject to registration include contacting lawmakers and public officials, disseminating information to influence public opinion or elections, and providing financial or material benefits to public officials or civilians. Engaging in related activities without registration would incur penalties, and even registered individuals would face punishment for deceptive approaches or intimidation.
The National Police Agency cited instances where individuals from specific countries, acting under the direction of foreign governments, built relationships with Japanese lawmakers through election support and later requested participation in friendly events between their country and Japan, aiming to secure Japanese technicians. The agency noted that once the registration system is implemented, failure to report activities that require registration could lead to detection.
According to the National Police Agency, the foreign agent registration system was first introduced in the United States in 1938, with the United Kingdom, France, Canada, and Australia adopting similar measures in the past eight years.
The expert meeting is expected to prepare recommendations by the end of the year. Based on this, the government plans to advance legislative work centered around the National Police Agency and submit the bill to the regular session of the National Diet next year. The Constitutional Democratic Party and the Social Democratic Party also submitted anti-spying-related bills last year, leading to speculation that the ruling party may find it relatively easy to pass the legislation, as reported by the Asahi Shimbun.
However, the scope of registration targets and prohibited actions, as well as the powers granted to supervisory agencies, remain contentious issues. The Yomiuri Shimbun reported that during the first expert meeting, concerns were raised about ensuring that legitimate diplomatic and expressive activities are not stifled, emphasizing the need for clarity on the scope of application and prohibited actions. The Liberal Democratic Party also called for clearer definitions in its recommendations last August.
Shimizu Tsutomu, a lawyer knowledgeable about intelligence activities, expressed concerns in an interview with the Asahi Shimbun, stating that there may be instances where it is difficult to determine who qualifies for registration, potentially leading to individuals being penalized without realizing they are cooperating with foreign entities.
In Japan, there have been ongoing concerns that strengthening the government's intelligence collection and analysis capabilities could lead to invasions of privacy or a chilling effect on freedom of expression. The 'National Secrets Bill' submitted by the Liberal Democratic Party in the 1980s to punish espionage was scrapped due to strong public backlash. The government plans to design the system carefully, incorporating mechanisms for oversight and checks to ensure appropriate operation, based on expert opinions and international examples.
* This article has been translated by AI.
Copyright ⓒ Aju Press All rights reserved.