(The original blog in Japanese is here. 「小さな応援歌」)
The Stalking Prevention Act does not regulate group stalking. It is limited to acts motivated by romantic feelings.
However, it appears that ordinances across the country are being revised to target non-romantic stalking and harassment. Some victims have already investigated this.
The name of these ordinances is either the "Ordinance on the Prevention of Violent and Delinquent Behaviors Causing Significant Public Annoyance" or the "Ordinance for the Prevention of Nuisance Behaviors." Each prefecture has its own ordinance, and while the names vary by municipality, most have one of these two names.
These ordinances have been revised in recent years.
The following information can be found on the official websites of each municipality.
●For example, Chiba Prefecture. Effective April 1, 2014
Outline of the "Ordinance on the Prevention of Violent and Unlawful Behavior Causing Significant Public Annoyance" (Draft) [Prohibition of Harassment, etc.]
In 1964, the "Ordinance on the Prevention of Violent and Unlawful Behavior Causing Significant Public Annoyance" (hereinafter referred to as the "Ordinance") was enacted in this Prefecture with the aim of preventing violent and unlawful behavior that causes significant public nuisance and maintaining the peace of the lives of Chiba's residents. Since its enactment, the Ordinance has been revised as necessary to address various violent and unlawful behaviors in line with current trends.
The purpose of this ordinance revision is to prevent harm to individuals' bodies, freedoms, homes, and reputations by regulating harassment that cannot be regulated under the Act on the Prevention of Stalking, etc. (Act No. 81 of 2000) through the ordinance, thereby maintaining the peaceful lives of Chiba's residents and visitors. ..."
●Kanagawa Prefecture - Enacted July 1, 2014 (From the Kanagawa Prefectural Police website)
"Outline of the Ordinance Partially Amending the Kanagawa Prefecture Nuisance Prevention Ordinance
...
Regarding Article 11 (Prohibition of Stalking, etc.)
Article 11 prohibits stalking, etc., which is not based on romantic feelings, etc., as defined by the Stalking Prevention Act..."
●Ishikawa Prefecture - Enacted June 1, 2014
"Ishikawa Prefecture Nuisance Prevention Ordinance
Article 12 No person shall repeatedly engage in any of the following acts against a specific person without a legitimate reason (excluding stalking, etc. as defined in Article 2, Paragraph 1 of the Act on the Prevention of Stalking and Other Similar Activities (Act No. 81 of 2000)). In this case, the acts listed in Items 1 to 4 shall be limited to those committed in a manner that harms the physical safety, peace or reputation of a person's residence, workplace, school or other place where that person ordinarily resides (hereinafter referred to as a "residence, etc."), or that causes the person to feel anxious about significant infringement of their freedom of movement.
(1) Stalking, lying in wait, blocking their path, keeping watch near a residence, etc., or forcing their way into a residence, etc.
(2) Telling someone or placing them in a position where they can learn of information that leads them to believe that their actions are being monitored.
(3) Demanding a meeting or other action that they are not obligated to perform.
(4) Behaving in an extremely rude or violent manner.
5. Making phone calls without making a statement or despite a refusal to do so, continuing to make phone calls, send faxes, or send e-mails, etc. via telecommunications.
6. Sending or making available to a person filth, animal carcasses, or other material that is extremely offensive or disgusting.
7. Telling or making available to a person information that is derogatory to a person.
8. Telling or making available to a person information that offends a person's sexual shame, or sending or making available to a person documents, drawings, or other materials that offend a person's sexual shame."
Since the revised ordinances are generally the same in all prefectures, I will only post the one from Ishikawa Prefecture.
How should we interpret this provision, and the bracketed clause common to other prefectures, "(excluding stalking, etc. as defined in Article 2, Paragraph 1 of the Act on the Prevention of Stalking, etc. (Act No. 81 of 2000))"? It's difficult for an amateur to interpret.
However, Osaka's provision is even clearer.
"Article 10: No person may commit a crime with the purpose of satisfying jealousy, resentment, or other malicious feelings, or sexual curiosity (excluding purposes provided for in Article 2, Paragraph 1 of the Act on the Prevention of Stalking and Other Related Activities (Act No. 81 of 2000))..." In other words, this means that the "purpose" of stalking and other such acts is not based on romantic feelings, and can be interpreted as avoiding overlap between the Stalking Prevention Act and this ordinance.
● Tokyo: Effective July 1, 2012?
● Hokkaido - Effective April 1, 2014
The document submitted to the Hokkaido Prefectural Assembly explaining the reasons for the amendment states:
"In consideration of the current situation regarding the damage caused by stalking and other such acts in Hokkaido, we will regulate malicious stalking and other such acts that are not subject to the Act on the Regulation of Stalking and Other Such Acts."
(1) Revision of title → Hokkaido Nuisance Prevention Ordinance
(2) Prohibition of Repeated Stalking and Other Such Acts
"Prohibits malicious stalking and other such acts that are not subject to the Act, except for acts committed with the "purpose of satisfying romantic feelings toward a specific individual," to which the Act applies."
The above is just what I found after a brief investigation. I believe other prefectures also have such acts.
It is safe to assume that similar revisions will be made in future prefectures.
Mr. P and Mr. Q, who are knowledgeable about gang stalking and the law, looked at this ordinance and said, "It seems to be able to deal with gang stalking." Mr. Q even went to the police station to get a copy of the revised ordinance and listen to an explanation.
However, even if it becomes legally possible to deal with this, gang stalking is carried out by an unspecified number of people, and there are still challenges in how to present evidence. We are not optimistic.
If there are any victims who are knowledgeable about the law, we would appreciate it if they could look into this issue.
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( original japanese draft 10/22/2014)
Not for away, I plan to change the post date to the original post date.