Paper short abstract:

This paper aims to analyze implicit racist rhetoric in Japan after the Hate Speech Elimination Act was enacted in 2016. I will answer the following question by analyzing Shin Sugok v. DHC TV: How do racists use hateful rhetoric against Zainichi Koreans in the post-HSEA era?

Paper long abstract:

This paper aims to analyze implicit racist rhetoric in Japan after the Hate Speech Elimination Act was enacted in 2016. While the law brought about the deradicalization and decline of hate groups, it is inefficient in regulating covert hate speech. Therefore, Zainichi Koreans, as the major victims, have struggled to recognize the illegality of racial discrimination in litigations. I will answer the following question by analyzing Shin Sugok v. DHC TV: How do racists use hateful rhetoric against Zainichi Koreans in the post-HSEA era? Shin filed a lawsuit in 2018 claiming defamation by DHC TV and won substantial compensation; however, the first instance court decision in 2021 did not find racial discrimination against her, which was recognized by the appeals court in 2022. This blurring of judicial decisions is due to subtler expressions of racial discourse and could be referred to as strategic racism. In this case, the TV program did not use discriminatory language but instead met the expectations of racist audiences by persistently referring to the ethnic origin of the plaintiff. In this sense, Japan has entered an era in which it is necessary to analyze implicit racial codes similar to the approach of the United States.