Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1888, Part II

No. 734.
Mr. Hubbard to Mr. Bayard.

Legation of the United States,
Tokio , January 13, 1888. (Received February 9.)

No. 426.]

Sir: I have the honor herewith to transmit to the Department of State copies of “Imperial Ordinance No. 75,” embodying certain amendments and alterations in the “Newspaper Regulations” of this Empire. While the Government has by the Imperial rescript issued on the 25th December, 1887 (forwarded to the Department in my dispatch No. 419), strengthened its powers against political agitators, they have almost contemporaneously, to a large and gratifying extent, struck the fetters which bound the press, and thus widened the sphere for usefulness and power of this great promoter of civilization and just government. The punishments for the violation of certain articles (to wit, articles 1, 3, 4,16,17, and 18) of the former press regulations have all been reduced, being in most cases for the same denned offenses only about half as severe as formerly imposed. In some cases the reduction of punishments are even greater than that just designated. In article 31, for example, for the publication of articles tending to disturb the present form of government, the punishment has been reduced from imprisonment for from one to three years and a fine of from 100 to 300 yen to imprisonment for from two months to two years and a fine of from 50 to 300 yen. In this connection it is also gratifying to observe that the old article of the press regulations which prohibited the proprietor, editor, or printer of any newspaper which had been suppressed from acting in a similar capacity for two years has been entirely expunged, as well as several other articles of the old repressive rules imposing seemingly harsh and onerous punishments.

Taken as a whole, these new regulations in liberality are far in advance of the old ones and as such deserve and will receive the earnest welcome of all the treaty powers. It is a decided step to the front and towards what we are pleased to call the “liberty of the Press,” as defined in England and America. While this step may seem to be, and in fact is, hesitating and timidly cautious, when viewed from the standpoint of the great English-speaking countries, yet appreciating as we should the difficulties under which this Government has labored, and the courage with which it has cut loose from the traditions of ignorant superstitions and the tyranny of feudal days in its wonderful strides toward higher national standards, and what real and unprecedented advances have been made within the past one-third of a century—a mere moment of time compared with the centuries of progress and ripening civilization of western nations—when these and other obvious conditions are regarded, the promulgation of such an imperial ordinance enlarging the liberties of the press may properly be welcomed as the harbinger of a brighter day for the people and the Government of the Empire.

I have, etc.,

Richard B. Hubbard.

[Inclosure in No. 426.—Translation.]

imperial ordinance.

We hereby give our sanction to the present ordinance relating to the amendment of the newpaper regulations and order it to be promulgated.

[privy seal.]

His Imperial Majesty’s Sign-Manual.

Dated the 28th day of the 12th month of the 20th year of Meiji.

Countersigned:

Count Hirobumi Ito,
Minister President of State.

Count Arinori Yamagata,
Minister of State for Home Affairs.

Count Akiyoshi Yamada,
Minister of State for Justice.

Imperial Ordinance No. 75.—Newspaper Regulations.

Art. I. Any person desiring to publish a newspaper shall, two weeks previous to the day of the first publication thereof, send in a notice to that effect to the department of state for home affairs through the local government authorities (in Tokyo, through the metropolitan police office) in whose jurisdiction the said newspaper is to be published.

Art. II. In the said notice of intention of the publication of a newspaper the following particulars shall be mentioned:

(1) The name of the newspaper.

(2) The nature of the topics to be treated.

(3) The periods of publication.

(4) The place wherein published and the place wherein printed.

(5) The names and ages of the publisher, editor, and printer.

When there are two or more editors the name of that editor shall be given who has the principal charge of the editorship. It is, however, permitted that the editing of a paper be divided into several sections, and that a responsible editor be placed over each one thereof.

Art. II. When, after the foregoing notice has been given, any change is to be made in the name of the newspaper, in the nature of the topics to be treated, or of the publisher, a notice shall be sent in two weeks beforehand, in accordance with the provisions of Article I.

Whenever any change has been made in the period or place of publication of any newspaper, in the place where it is printed, in its editor, or in its printer, a notice to that effect shall be sent within one week, in accordance with the provisions mentioned in Article I.

Art. IV. When the publisher of a newspaper has died or has become legally disqualified a new publisher shall be instituted, and a notice thereof shall be given within one week, in accordance with the provisions of Article I. In the meanwhile, the paper maybe published under the name of the “provisional publisher.”

Art. V. When there has been no issue of a newspaper after a lapse of fifty days from the day on which notice of its intended publication has been sent in, or from the day on which its publication has been stopped, the said notice of publication shall become void.

Art. VI. Only a Japanese male subject above twenty full years of age can become the publisher, editor, or printer of a newspaper.

No one who has been deprived of his public rights can become the publisher, editor, or printer of a newspaper, nor can any one do so whose public rights have been suspended, as long as they remain so suspended.

Art. VII. Neither the editor nor the printer of a newspaper is allowed to act at one and the same time in both capacities.

Art. VIII. Every publisher of a newspaper shall, simultaneously with the giving of notice of intended publication of a newspaper, deposit with the local government authorities (in Tokyo with the metropolitan police office) one or the other of the following sums of money as security:

(1) In Tokyo, one thousand (1,000) yen.

(2) In Kyoto, Osaka, Yokohama, Hyogo, Kobe, and Nagasaki, seven hundred (700) yen.

(3) In all other localities, three hundred (300) yen.

One-half only of the above specified respective amounts shall be required of newspapers published three or fewer times per month.

The security required may be furnished in the form of public loan bonds at the current market rate, or in the form of deposit notes issued by national banks.

Such papers as contain only matters relating to science, art, statistics, Government notifications, or to reports of market prices, shall not fall within the scope of the provisions of this article.

Art. IX. The security shall be returned when the publication of the newspaper has been discontinued or prohibited.

Art. X. When the notice mentioned in Articles I, III, and IV has not been sent in, or when a newspaper, for which security is required, has been published without the deposit thereof, the chief of the metropolitan police office or the governor of the locality shall stop the publication of such newspaper until the proper notice has been given or the security has been deposited.

Art. XI. A newspaper shall contain in each and every issue the names of the publisher, of the editor, and of the printer, as well as of the place of publication.

Any one appending his signature to a newspaper or to any statement therein contained, Otherwise than as the publisher or printer of the newspaper, shall be held equally responsible with the editor thereof.

Art. XII. On the issue of every number of a newspaper, two copies thereof shall be at once sent to the department of state for home affairs, and a copy each to the local government authorities (in Tokyo to the metropolitan police office) and to the public prosecutor’s office in the court of first instance of the locality of publication.

Art. XIII. Whenever a misstatement has been made in a newspaper, and the party affected thereby, or any party concerned in the matter, demands its correction, or sends for publication a communication containing correction or protest, the correction shall be made or the communication of correction or protest shall be published in full in the second or third issue after the receipt of such demand or communication. In case, the number of words in the said communication should exceed twice the number thereof in the original statement, the newspaper may make, for the number of words in excess, a charge at the rate established for ordinary advertisements.

The correction or protest shall be published in the same type as was the original statement, and at the head of the same division of the newspaper.

When either the language or the spirit of the said communication of correction or protest is in conflict with the law, or when the person demanding the publication of the said communication does not give his name and address, such communication need not be published.

Art. XIV. Whenever, with respect to items taken from the Official Gazette or from any other newspaper, a correction has been made or a communication of correction or of protest has been published in the Official Gazette or in some other newspaper, every newspaper shall make the correction, according to the forms described in the foregoing article, in its second or third issue after the receipt of the said newspaper, even if the party affected or any party concerned in the matter has not demanded it. The charge of advertisement can not be demanded therefor.

Art. XV. Whenever a newspaper has had a judgment pronounced against it on account of some matter published in one or the other of its issues it shall publish the sentence of the court in full in its next issue.

Art. XVI. No matter connected with the preliminary investigation of crimes or delicts shall be published before the public trial thereof has occurred.

No matters relating to a law case tried with closed doors shall be published.

Art. XVII. No article perversely vindicating a criminal shall be published.

No writing, the object of which is to defend or sympathize with a person or persons accused of a crime, or with an offender or offenders against criminal laws, shall be published.

Art. XVIII. No official document which has not been made public, no memorial, representation, or petition shall be published, either in full or in an abridged form, without permission of the competent Government office.

No deliberation in a Government office and no deliberation in a public assembly conducted with closed doors in compliance with the law shall be published either in full or in an abridged form.

Art. XIX. When the minister of state for home affairs recognizes that a newspaper is prejudicial to public peace and order, or is detrimental to morals, he may either prohibit or suspend the publication of the said newspaper.

Art. XX. When the publication of a newspaper has been either prohibited or suspended, the minister of state for home affairs may prohibit the sale and distribution of the said newspaper; he may also seize it.

Art. XXI. When a newspaper published in a foreign country is deemed to be prejudicial to public peace and order or detrimental to morals, the minister of state for home affairs may prohibit the sale and distribution of the said newspaper within the territories of this Empire; he may also seize it.

Art. XXII. The minister of state for war or the minister of state for the navy may issue a special order prohibiting the publication of matters relating to the movements of troops or of war vessels or to military or naval secrets or movements.

Art. XXIII. When a public prosecution has been instituted against a newspaper for a statement made therein, the public prosecutor may temporarily seize the said newspaper.

The judge may, according to the nature of the offense, confiscate the seized copies of the said newspaper.

Art. XXIV. Whenever a suit has been instituted against a newspaper for a statement made therein, and the plaintiff has proved that the avowed editor of the said newspaper has not in fact the principal charge of the editorial departments, but that there is besides him a chief editor, the judge shall hold both the avowed editor of the said newspaper and the real chief editor equally responsible for the statement.

Art. XXV. Whenever a suit for libel has been brought against a newspaper for a statement made therein, and the court recognizes that the statement in question has been made with no malicious intention to injure the person concerned, but for the sake of the public interest, the court may permit the defendant to prove the fact, except when the statement relates to personal matters. When the proof has been established, the newspaper shall be cleared of the charge of libel. The same shall also apply when a newspaper shall have been sued for damages.

Art. XXVI. Whenever a newspaper does not pay the full amount of the expenses and of the fine it has been condemned to, or does not pay the damages pronounced against it, within a week after the conclusion of the case, the security it has deposited shall be utilized for the purpose; and when such security is insufficient, the deficiency shall be exacted according to the provisions mentioned in the criminal code for the collection of the expenses of justice and of civil amends.

In case the security has been utilized for the expenses of the trial, for the damages or for the fine imposed, the publisher shall make up the deficiency within a week from the receipt of notice to that effect from the local government authorities (from the metropolitan police office, in Tokyo). Should there be failure to pay the full amount due, the chief of the metropolitan police office or the governor of the locality shall stop the publication of the newspaper in question until the said full amount due shall have been paid.

Art. XXVII. When the notice mentioned in Articles I, III, and IV has not been sent in, or when the provisions of Articles VI, VII, XI (first clause), and XII have been violated, or when a newspaper for which security is required has been published without the deposit of the security, the publisher shall be liable to a fine of not less than 5 yen and not more than 100 yen. Any one convicted of the offence of the assumption of a false signature or title shall be liable to the same punishment as the publisher.

When truth is withheld in sending in the notices mentioned in Articles I, III, and IV, the publisher shall be liable to a minor imprisonment of not less than one month and of not more than six months, or to a fine of not less than 5 yen and not more than 100 yen.

When a newspaper belonging to the category mentioned in the last clause of Article VIII publishes matters that ought properly to be contained in a newspaper for which security is required, the editor shall be liable to the same punishment as is set forth in the preceding clause.

Art. XXVIII. In case of the violation of Articles XIII, XIV, and XV, the editor shall be liable to a fine of not less than 5 yen and of not more than 100 yen.

Art. XXIX. In case of the violation of Articles XVI, XVII, and XVIII, the editor shall be liable to a minor imprisonment of not less than one month and of not more than six months, or to a fine of not less than 20 yen and of not more than 200 yen.

Art. XXX. Any person who sells or distributes a newspaper in violation of Article XXI shall be liable to the same punishment as is set forth in the preceding article.

Art. XXXI. In case of the violation of Article XXII, the publisher and editor shall be liable to a minor imprisonment of not less than one month and of not more than two years, or to a fine of not less than 20 yen and not more than 300 yen.

Art. XXXII. When in a newspaper an article has been published the object of which is to undermine the existing system of government or to disturb the constitutional laws of the Empire, the publisher, editor, and printer of the newspaper shall be liable to a minor imprisonment of not less than two months and of not more than two years, with a tine of not less than 50 yen and of not more than 300 yen.

In case of the violation of this article, the apparatus used for the purpose shall be confiscated.

Art. XXXIII. When a newspaper of obscene character has been published, the publisher and editor thereof shall be liable to a minor imprisonment of not less than one month and of not more than six months, or to a fine of not less than 20 yen and of not more than 200 yen.

Art. XXXIV. In the case mentioned in Article XIII the offence connected with personalities shall be brought to a settlement by the institution of a suit by the injured party.

Art. XXXV. The provisions mentioned in the criminal code for the mitigation o: penalties on account of voluntary confession, for the aggravation of penalties on account of repetition of offence, and for the concurrence of several infractions committee by the same person, shall not be applied in cases of the violation of any of the provisions of the present regulations.

Art. XXXVI. The term of prescription for the institution of public prosecution in connection with the present regulations shall be six months.

Art. XXXVII. The present regulations shall also apply to such magazines published periodically as do not come within the scope of the publication regulations.