The Abe administration plans to submit to the Diet a bill designed to protect state secrets that the government deems vital to national security. The bill will enable the heads of administrative organizations to designate a wide range of information as "special secrets" and mete out up to 10 years' imprisonment to national servants who leak such secrets as well as those who obtain the secrets, including reporters, through "conspiracy, instigation and agitation." The bill obviously would undermine the people's right to know what their government is doing by strongly limiting their access to information. The government should rewrite the bill to ensure that freedom of information and freedom of the press — two pillars of democracy — are fully upheld.
The government says that the bill is necessary to ensure the effective functioning of the planned National Security Council, which is being pushed by Prime Minister Shinzo Abe. Under the bill, the heads of administrative bodies would designate as special secrets an extremely wide range of information in the areas of defense, diplomacy, counterintelligence and prevention of terrorism if they think the information merits special protection. The bill's biggest flaw is that the officials would have discretionary power and that the bill has no internal mechanism — such as an in camera committee — to verify whether the designation is justifiable from the viewpoint of protecting the people's right to know.
The defense minister would be able to designate almost all information related to defense and the Self-Defense Forces if he wishes so, including plans, estimates and studies related to operations of the SDF and improvement of the nation's defense capabilities; types and quantities of weapons and ammunition; capabilities and ways of production and uses of weapons and ammunition in the development stage, and designs and capabilities of defense-related facilities.