What are the laws regarding recording audio in Japan?

[Emoni]

Wasn't sure how to check on this actually, and my Japanese ability isn't quite good enough yet. I was wondering about audio recording in Japan (video recording and picture taking might fall under this I don't know).

I was mostly wondering about in situations with the police when stopped for random reasons such as bike checks or "gaijin card checks" if it is possible to switch on a recording device, unannounced or hidden, for personal record and arguably safety reasons.

Also, what about recording announcements or statements by other people in general, or video of scenery, etc.

What ARE the laws?

(Note: This isn't a thread about Japanese police, that is a different topic.)

 

[bruno]

... situations with the police when stopped for random reasons such as bike checks or "gaijin card checks" if it is possible to switch on a recording device, unannounced or hidden, for personal record and arguably safety reasons.

Ask www.debito.org, the "Expert" !?

 

[Emoni]

Thought about it, but didn't want to bother him and didn't see it on the site. I already checked (but may have missed it?)

 

[Steve Red]

In the "police state of America", some police are arresting people for recording.
Police fight cellphone recordings - The Boston Globe

I'm glad that currently in Japan we can record the police without arrest/tasering.
You can legally record and upload all 公務員, you just can't do that to NON-公務員.

Check out what this intelligent goodhearted person has to say on the subject:
Heartfelt talk – Part 1
Heartfelt talk – Part 2
Heartfelt talk – Part 3



Review of a recorder.

Notice that towards the end of the review, he reminds us of 3 important points:
1. The police officers were attempting to intimidate and FORCE this person to show his I.D., and this person is completely within his rights to refuse to be forced to show his I.D.
2. The police officers were attempting to intimidate and FORCE this person to stop recording their actions, and this person is completely within his rights to refuse to be forced to stop recording.
3. At the same time, this person does NOT need to be so confrontational with the police officers, and when we find ourselves in a similar situation of police officers trying to FORCE us to say yes to something that is voluntary, we should refuse in a MUCH MORE FRIENDLY WAY.

"Doumo, Gokurousan desu, Jikan ga arimasen no de, Mou ittemo ii desu ka?"
"Hanashi jikan arimasen, Aruku tsuzuku kenri arimasu, Mou ittemo ii desu ka?"

 

[bruno]

Sad to say, but many foreigners are looking for confrontation,
even in harmless situations with the authorities! Limited language skills
are often involved. Alas Debito is supporting such behaviour!

 

[Steve Red]

And some Humans are simply looking to walk from point A to point B without being detained.
They simply decline to submit to warrant-less suspicion-less "voluntary" questioning/searches.
And Emori wanted to know if it's legal in Japan to make-a-recording of the record-makers:
The answer is Yes, in Japan we have the right to record, and it helps preserve the record.
Instead of a "he said/she said" situation in court, the recording shows what really happened.
If while trying to uphold the law an officer breaks the law then the recording gives evidence.
It would be a sad day for justice if Humans were not allowed to record what they experience.

 

[Emoni]

Red Steve, thank you very much. That was absolutely great information. I wish there was a link (even in Japanese) about the law that mentioned that so I could confirm, but it does match up with the advice on one section of Debito's site about recording the conversation and making sure the police see and are aware you are doing so. It seemed sensitive so I wasn't sure about that.

Bruno, while Debito does tend to put some people off, he doesn't promote foreigners to be aggressive and confrontational. He actually makes it very clear that you should be very careful when dealing with the police, especially if your language is low. He has very good information about the actual laws in place, and that information is quite important. If you are being stopped constantly because you are "foreign" or just because the police want to (and they have a LOT of power in Japan even if they don't always use it) it's critical to know your rights, as well as your lack of rights. He makes it very clear to remain polite and calm. You shouldn't be asked for ID and treated like a criminal just because the police feel like asking you because you look foreign or they feel like it (this applies to Japanese as well.)

However, the police abusing the wiretapping law and arresting people recording arrests in the states... that's very concerning. Thanks for that link.

(Note: Damn it, I'm already derailing my OWN THREAD a little bit. Sorry about that!)