The contentious bill for protection of state secrets — now under deliberation in the Upper House — even keeps secret what pieces of government information have been designated as special secrets and could punish people who try to obtain them, even if they are not aware that the information they seek has been given such a designation. There is no place for such totalitarian-style legislation, which threatens press freedoms and the people's right to know, in democratic Japan.
Under the bill, officials who handle designated secrets can be punished by up to 10 years in prison for leaking them. People who "conspire," "incite" or "instigate" in the leaking of designated secrets can be sentenced to up to five years in prison — even if the secrets in fact have not been leaked to them.
The bill can be read to mean that citizens — including journalists and members of civic groups, for example — could be punished for trying to access government-designated secrets even if it is done in a casual manner. They could be accused of "conspiracy" for discussing approaching government officials for pieces of information that happened to have been designated as special secrets, or "incitement" for just asking officials to release such information. Even if they have no way of knowing beforehand whether the information they're seeking is a designated secret.