Japan Supreme Court upholds damages against city over defamation by ex-Mayor Ishimaru
TOKYO -- Japan's Supreme Court on April 23 upheld two lower court rulings that ordered the city of Akitakata, Hiroshima Prefecture, to pay damages for defamation caused by social media remarks by former Mayor Shinji Ishimaru, rejecting an appeal by the city.
In its ruling, the Third Petty Bench of the Supreme Court overseen by Presiding Justice Kimihiro Ishikane upheld earlier district and high court decisions that had ordered the city to pay 330,000 yen (approx. $2,300) in damages for defamation of assembly member Atsuko Yamane, finalizing the municipal government's defeat in the case. The decision was unanimous by the five justices present.
After serving as mayor of Akitakata, Ishimaru ran in the Tokyo gubernatorial election in July 2024, placing second in the race.
According to the lower court rulings, in November 2020, when Ishimaru held the mayoral post, he repeatedly posted claims on social media saying that when he discussed the state of the assembly with council members, Yamane threatened, "If you make enemies of the assembly, it will be impossible to pass policies."
The Hiroshima District Court ruling in December 2023 found that the alleged statement was not recorded in audio data of the meeting, and determined the posts were untrue. Since the posts were made using the mayoral account, the court recognized the act as an official duty. The Hiroshima High Court in July 2024 supported this judgment.
Under Japan's State Redress Act, if a local government employee such as a mayor is found to have caused damage to another person unlawfully, the municipality, not the individual official, is liable for compensation.
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