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Injunction against weekly overturned
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The Tokyo High Court on March 31 revoked a lower court injunction against the publication of a magazine that carried a story on the divorce of former Foreign Minister Makiko Tanaka's daughter.
In an extremely rare move, the Tokyo District Court issued a temporary injunction March 16 that banned publication of the March 25 edition of Shukan Bunshun, judging that the article in question did not serve the public interest and could cause irreparable damage to the daughter and other parties concerned.
But on March 31, the high court ruled that the injunction greatly limited freedom of expression, an essential component of the development of democratic society and "one of the rights that must be most respected under the Constitution."
The high court acknowledged that the article does not serve the public good and violates the privacy of Tanaka's daughter, but it does not "greatly" disgrace her or cause "irreparable damage" to her, because a divorce "usually" becomes information widely shared by the public. (The Japan Times)
文春の出版禁止仮処分取り消し
3月31日、東京高裁は、田中真紀子前外相の長女の離婚記事を掲載した週刊文春に対する東京地裁の出版差し止め命令を取り消した。
Shukan ST: April 9, 2004
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