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Japanese Journalist Cleared in South Korean Defamation Case

  • Brian Padden

FILE - Tatsuya Kato, former Seoul bureau chief for Japan's Sankei Shimbun, arrives at the Seoul Central District Prosecutors' Office.

FILE - Tatsuya Kato, former Seoul bureau chief for Japan's Sankei Shimbun, arrives at the Seoul Central District Prosecutors' Office.

In South Korea Thursday a court acquitted a Japanese journalist of criminal defamation for reporting that President Park Geun-hye was involved in an illicit tryst at the time a deadly ferry accident occurred last year.

The journalist's prosecution had drawn criticism from human rights and press advocacy groups concerned about the erosion of free speech in South Korea.

After the not guilty verdict was announced the defendant Tatsuya Kato, the former Seoul bureau chief for the Japanese newspaper Sankei, expressed no sense of satisfaction after his yearlong legal battle.

“The result of the trial was very obvious and I do not have any special emotion,” he said.

Allegation

The case was based on an article Kato wrote last year suggesting that President Park, who is not married, was absent for seven hours during the Sewol ferry disaster because she was engaged in an romantic liaison with a married aide.

FILE - A woman looks at caricatures of the victims of the sunken ferry Sewol outside a group memorial altar in Ansan, South Korea, Thursday, April 16, 2015. Tears and grief mixed with raw anger Thursday as black-clad relatives mourned the 300 people, mostly high

FILE - A woman looks at caricatures of the victims of the sunken ferry Sewol outside a group memorial altar in Ansan, South Korea, Thursday, April 16, 2015. Tears and grief mixed with raw anger Thursday as black-clad relatives mourned the 300 people, mostly high

Prosecutors had said Kato’s article was based on false facts and requested an 18-month prison term.

Kato maintains that he was targeted by the prosecution and defended his actions saying that the news story served the public's interest.

“I want to point out that the process was unfair and discriminatory from the start of the investigation,” he said.

Prior to the verdict, Foreign Ministry spokesman Cho June-hyuck said his office had contacted the prosecutor to ask for clemency.

The Sewol ferry capsized during a voyage to the island of Jeju in April of 2014. More than 300 passengers, many of them high school students, died.

Government criticized

Park’s business-friendly government was criticized for lax enforcement of public safety to bolster economic development. Her public approval rating dropped during the Sewol accident from 50 percent to 29 percent.

Some of president’s critics have voiced concerns that in pressing the case against Kato, Park abused the law to protect her image.

The controversial criminal defamation statute along with the national security law that authorizes the government to censor the media was intended to counter North Korean espionage and propaganda.

FILE - South Korean President Park Geun-hye looks at the site where the Sewol sank from aboard a Coast Guard ship in waters off the southern coast near Jindo, South Korea, Thursday, April 17, 2014.

FILE - South Korean President Park Geun-hye looks at the site where the Sewol sank from aboard a Coast Guard ship in waters off the southern coast near Jindo, South Korea, Thursday, April 17, 2014.

Free speech advocates have denounced criminal defamation laws as working against the public interest by deterring people from speaking out against misconduct by public officials.

In democratic societies, they argue, less harsh civil defamation laws, which award compensation for damages and don't sentence offenders to prison, and criminal incitement laws are sufficient for protecting reputations and maintaining public order.

'Stifles a free press'

A statement released by Phil Robertson, deputy director of Human Rights Watch’s Asia Division, expressed relief at the court decision but said “that doesn’t change the fact that South Korea’s criminal defamation law is problematic because it stifles a free press, has a chilling effect on freedom of expression, and works against the public interest by gagging critics and whistle-blowers.”

In 2011 Freedom House categorized South Korea as a “partly free” country that actively censors the media.

In 2012, the human rights organization Amnesty International called on the South Korean government to scale back or repeal the national security laws after it documented a dramatic and recent increase of cases that it said involved the government using the law in a “politically motivated attempt to silence debate.”

South Korea President Park Geun-hye, left, and Japan Prime Minister Shinzo Abe will attend a summit in South Korea with Chinese Premier Li Keqiang later this month, the first such meeting since they were discontinued in 2012.

South Korea President Park Geun-hye, left, and Japan Prime Minister Shinzo Abe will attend a summit in South Korea with Chinese Premier Li Keqiang later this month, the first such meeting since they were discontinued in 2012.

​Journalist organizations, including Reporters Without Borders, have voiced concerns about this case and the possible chilling effect it could have on press freedom in South Korea.

Japan-Korea ties

Kato believes he was singled out for prosecution because his Japanese paper, the Sankei Shimbun, is aligned with the policies of Japan Prime Minister Shinzo Abe.

The trial came at a time of strained relations between Seoul and Tokyo, fueled by resentment in South Korea over Abe’s refusal to apologize and make restitution to the thousands of women forced into sex slavery by the Japanese military during World War Two.

In the last few months, the two major U.S. allies in Asia have met and agreed to work to find a peaceful resolution to their differences.

VOA News Producer Youmi Kim in Seoul contributed to this report.

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