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Advances in Information and Communication Research 5
Hitoshi Mitomo
Mikio Kimura Editors
Broadcasting
in Japan
Challenges and Opportunities

Advances in Information and Communication
Research
Volume 5
Series Editor
Hitoshi Mitomo, Graduate School of Asia-Paciﬁc Studies, Waseda University,
Tokyo, Japan

This book series focuses on socioeconomic aspects of information and communication.
Information and communication technology (ICT) is now indispensable as an infrastructure
supporting the advancement of society. ICT has beneﬁted modern civilization, and its inﬂuence
has spread over numerous aspects of our life and economy. Along with technological progress,
much has happened in this arena, with new developments continuing at a rapid pace.
Constructive use of ICT makes our society more efﬁcient. On the other hand, however,
inappropriate use of ICT causes serious social problems that have not been experienced until now. In such a rapidly changing area, our attention tends to be drawn to superﬁcial phenomena rather than gaining deep insight into them. In order to understand the role of ICT in modern life, social science is essential for capturing the impact of the development of networks and the advancement of information and communication services and applications. Social sciences shed light on a variety of issues and provide a framework for promoting the utilization of ICT while avoiding the potential drawbacks.
The series Advances in Information and Communication Research helps to provide academics,
government ofﬁcials, and practitioners with the information and expertise necessary for understanding social phenomena and making policies appropriate for those new trends. Many ideas and suggestions are offered that are practical not only in the developed world but that can be
applied in developing nations as well. In emerging countries ICT is highly anticipated as a means of improving the quality of life, promoting economic growth, and bridging the gaps among people and regions.
Readers will gain deep insight into the impacts of utilizing ICT in diverse societies.
Interdisciplinary approaches help in understanding how those inﬂuences can be captured both qualitatively and quantitatively through studies stemming from various social sciences — economics, sociology, legal studies, media studies, marketing, regional studies, socioeconomic planning, and other relevant disciplines.
Editor in Chief
Hitoshi Mitomo (Waseda University)
Editorial Board
Johannes Bauer (Michigan State University)
Erik Bohlin (Chalmers University of Technology)
Shuya Hayashi (Nagoya University)
Takuo Imagawa (Ministry of Internal Affairs and Communications)
Toshiya Jitsuzumi (Chuo University)
Kenichi Kawasaki (Komazawa University)
Seongcheol Kim (Korea University)
Mikio Kimura (Japan Commercial Broadcasters Association)
Yu-li Liu (National Chengchi University)
Tingjie Lu (Beijing University of Posts and Telecommunications)
Hiroyuki Morikawa (The University of Tokyo)
Akihiro Nakamura (Yokohama City University)
Fumio Shimpo (Keio University)
Hidenori Tomita (Kansai University)
Takashi Uchiyama (Aoyama Gakuin University)
Minh Khuong Vu (National University of Singapore)

Hitoshi Mitomo
Editors
Broadcasting in Japan
Challenges and Opportunities

Editors
Hitoshi Mitomo
Graduate School of Asia-Paciﬁc Studies
Waseda University
Tokyo, Japan
Mikio Kimura
Research Institute The Japan Commercial Broadcasters Association Tokyo, Japan
ISSN 2524-3322 ISSN 2524-3330 (electronic)
Advances in Information and Communication Research
ISBN 978-981-19-4698-1 ISBN 978-981-19-4699-8 (eBook)
https://doi.org/10.1007/978-981-19-4699-8
Translation from the Japanese language edition:
by The Visiting Researcher Committee at the Research Institute of The JBA, © The Visiting Researcher
Committee at the Research Institute of The JBA 2020. Published by Keiso Shobo. All Rights Reserved.
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2022
This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, speciﬁcally the rights of reprinting, reuse
of illustrations, recitation, broadcasting, reproduction on microﬁlms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication
does not imply, even in the absence of a speciﬁc statement, that such names are exempt from the relevant
protective laws and regulations and therefore free for general use.
The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or
the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional afﬁliations.
This Springer imprint is published by the registered company Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore

Preface
The year 2020, when this book was planned to be published, was a year of catas-
trophic change for our society. The spread of the new coronavirus almost brought
socio-economic functions to a halt, and society was required to respond in a far more
destructive manner than expected. Under the declaration of a state of emergency,
human contact was severely restricted, many people were forced to stay home, and
communication was limited to online communication. Many people were anxious
about the fear of infection and worried that the infection rates were not readily
apparent. Communication played an essential role in situations where physical
movement and contact were restricted.
In recent years, information and communication technology (ICT) has penetrated
every aspect of the social economy, bringing about innovative changes in people’s lives and corporate activities, and creating new value through this “digital transfor- mation (DX)” is becoming a reality. Unintentionally, the spread of the new coron-
avirus accelerated DX, which was initially intended to bring about technology-driven societal changes.
During a series of disasters and the spread of the new coronavirus, while commu-
nications connected people and supported socio-economic activities, what role did broadcasting play? Broadcasting is the most reliable source of information during a disaster. However, has it ﬂexibly responded to rapid socio-economic changes by
changing and expanding its role and functions? For broadcasting to fulﬁll its social mission, it is essential to maintain trust and ensure its public nature. Therefore, in the digital transformation era, there is a need to reexamine the trust and public nature of
broadcasting.
Based on the recognition that such dramatic technological and environmental
changes are underway, the eleven researchers participating in the Visiting Researcher Committee of the Japan Commercial Broadcasters Association (JBA), four research collaborators, and the secretariat (the director of the JBA Research Institute) have
contributed to this book. They investigated issues related to the trust and public nature of broadcasting based on their respective awareness of the issues and compiled their ﬁndings for the 2018–2019 academic year. Since the interests of each researcher are
v

vi
diverse, this book summarizes the entire study from four perspectives: institutions,
businesses, news, and audiences.
Part One, “Institutional and Public Nature of Broadcasting,” comprises four chap-
ters. Chapter “The Concept of “Communications” and “Broadcasting” in the Era
of Digital Convergence” discusses the concept of broadcasting to converge communi-
cations, broadcasting, and designing the fundamental role expected of broadcasting.
Chapter “Japan’s Broadcasting System from the Perspective of Its Demographics
in 2040” demonstrates the future vision of broadcasting services by examining the
impact of the broadcasting business by backcasting from 2040, when the aging of the population will reach its peak. Based on the ﬁndings from a visit to the
UK, Chapter “
An Outlook on Broadcasting in 2036—The State of Broadcasting
in the UK and Japanese Broadcasting Policy” forecasts changes in broadcasting
until 2036, the centennial celebration of TV broadcasting by the BBC. In addi-
tion, as the convergence of broadcasting and communications progresses, Chapter
“An International Comparison of Simulcasting and Webcasting: From Facilitating
Transmission to Communication to the Public” makes an international compar-
ison of Internet broadcasting, which encompasses simulcasting and other types of webcasting. Chapter “
The Development of Japanese Broadcasting and the Training
System” discusses the relationship between the public nature of broadcasting and
the ethics of broadcasters from the perspective of human resource development.
In Part Two, “Business Models and Strategies,” Chapter “Business Models
for Commercial Broadcasters in Japan—Will There Be New Developments in the Digital Age?
” explains the impact of digital disruption as a challenge to
the business models of commercial broadcasters. Chapter “Inter-media Competi-
tion: The Differentiation Strategy and Catch-Up Strategy of the Television Industry Against the Internet
” systematically examines TV’s strategy toward the Internet from
the perspective of market competition, segregation, and business imitation.
In Part Three, “News,” Chapter “How People Respond to Fake News: A Compar-
ison of Japan, South Korea, and Thailand” examines fake news, which has had a
serious impact in recent years, and elucidates why people believe fake news and why
they share it, based on an international comparative survey of Japan, South Korea,
and Thailand. Chapter “Local News in the Digital Age: A Consideration of Disaster
Reporting” discusses the ideal form and direction of local news in broadcasting,
which has become indispensable for digitalization, using disaster reporting as an example.
In Part Four, “Viewers,” Chapter “Trust in Television and Its Relationship
with Entertainment Program Preferences” statistically clariﬁes the relationship
between viewer attributes, TV and smartphone usage, and viewing entertainment
programs. Chapter “Television Viewing via the Internet: Time-shift and TVer”
describes the status of TV program viewing using the Internet, focusing on time-
shift viewings, such as using TVer, a portal site for TV programs. Finally, Chapter
“Internet Simulcast Distribution of Broadcast Media: An Assessment of Actual
State and Demand” reports on surveys conducted in the US, the UK, and Germany
regarding the status of the simultaneous distribution of broadcasts over the Internet and derives implications for analyzing its needs in Japan.

Preface
Each study was based on the academic interests of each researcher in broadcasting.
They share their ﬁndings through presentations and discussions at monthly Visiting
Researcher Committee meetings. In addition, the committee regularly conducts ﬁeld
visits, particularly to companies related to the topic, to monitor the frontier of the
media market, and this outcome was reﬂected in their research.
The researchers would be delighted if this book could help introduce the direction
of Japan’s broadcasters to the world during a rapidly changing and advancing digital
environment and help understand how they are continuing to strive to establish a
more trustworthy broadcasting system.
Tokyo, Japan Hitoshi Mitomo
Mikio Kimura

Acknowledgments
This book is the ﬁfth volume in the Japan Society of Information and Communica-
tion Research (JSICR) book series. JSICR, as an academic organization focusing on
policies and socio-economic aspects of ICT, is making an international contribution
to the enhancement of ICT. The editors are grateful to the Japan Commercial Broad-
casters Association for hosting the Visiting Researcher Committee and providing the
members with the opportunity of publishing this book.
The editor would also like to express warm thanks to Shiori Hirota, Naoko Masugi,
Naoko Fukuda, and Yuta Arai. Their editorial support work was extremely helpful.
ix

Contents
The Concept of “Communications” and “Broadcasting” in the Era
of Digital Convergence.............................................1
Shuya Hayashi
Japan’s Broadcasting System from the Perspective of Its
Demographics in 2040.............................................33
George Shishido
An Outlook on Broadcasting in 2036—The State of Broadcasting
in the UK and Japanese Broadcasting Policy.........................49
Ichiya Nakamura and Naoto Kikuchi
An International Comparison of Simulcasting and Webcasting:
From Facilitating Transmission to Communication to the Public.......71
Naoto Kikuchi
The Development of Japanese Broadcasting and the Training
System...........................................................95
Yoshihiro Oto
Business Models for Commercial Broadcasters in Japan—Will
There Be New Developments in the Digital Age?......................109
Nobuko Kawashima
Inter-media Competition: The Differentiation Strategy
and Catch-Up Strategy of the Television Industry Against
the Internet.......................................................129
Takashi Uchiyama
How People Respond to Fake News: A Comparison of Japan,
South Korea, and Thailand.........................................155
Hitoshi Mitomo, John William Cheng, Artima Kamplean,
and Youngkyoung Seo
xi

xii
Local News in the Digital Age: A Consideration of Disaster
Reporting.........................................................191
Nobuyuki Okumura
Trust in Television and Its Relationship with Entertainment
Program Preferences..............................................209
Hisanori Watanabe
Television Viewing via the Internet: Time-shift and TVer..............233
Norihiro Kasuga and Manabu Shishikura
Internet Simulcast Distribution of Broadcast Media:
An Assessment of Actual State and Demand.........................259
Mikio Kimura

Editors and Contributors
About the Editors
Hitoshi Mitomo
uate School of Asia-Paciﬁc Studies (GSAPS) and the Director of Institute of Digital
Society (IDS), Waseda University, Japan. He has served as President of Japan Society
of Info-Communication Research and a Vice Chair of International Telecommuni-
cations Society (ITS). Professor Mitomo’s research spans a wide range of socio-
economic and regulatory issues related to ICT deployment and utilization. His current
research focuses on the social and economic impacts of ICT. He is also interested
in socio-economic analysis of digital society as well as the behavioral economics
approach to media access and the usage of ICT in times of a disaster. While serving
as a Member of the Telecommunications Council of Japan’s Ministry of Internal
Affairs and Communications (MIC), he has been involved in various aspects of ICT
policy development.
e-mail: [email protected]
Mikio Kimura casters Association. He is the Director, Japan Society of Info-Communication Research. His major research ﬁelds are MOT, media economics, and audience
behavior. He earned Ph.D. from School of Engineering, The University of Tokyo.
e-mail: [email protected]
Contributors
Cheng John William University, Tokyo, Japan
Hayashi Shuya Asia, Nagoya University, Aichi, Japan
xiii

xiv Editors and Contributors
Kamplean Artima
Tokyo, Japan
Kasuga Norihiro
Kawashima Nobuko
Kikuchi Naoto
Tokyo, Japan
Kimura Mikio
Mitomo Hitoshi Tokyo, Japan
Nakamura Ichiya
Okumura Nobuyuki
Oto Yoshihiro
sity, Tokyo, Japan
Seo Youngkyoung Tokyo, Japan
Shishido George Tokyo, Tokyo, Japan
Shishikura Manabu
Uchiyama Takashi
University, Tokyo, Japan
Watanabe Hisanori

The Concept of “Communications”
and “Broadcasting” in the Era of Digital
Convergence
Shuya Hayashi
1 Introduction
The Act Partially Amending the Broadcasting Act (Act No. 23 of 2019) enables
the Japan Broadcasting Corporation (hereinafter referred to as “NHK”) to provide
continuous broadcasting of domestic core programs over the Internet simultaneous
to television broadcasting (hereinafter referred to as “continuous simultaneous trans-
mission”), as described in Article 2, paragraph (2), items (ii) and (iii) of the Broad-
casting Act (hereinafter referred to as “operations conducted over the Internet”).
NHK intended to provide continuous simultaneous transmission of its general and
educational TV programs—however, the service was provided for approximately
17 h per day in FY2019, and since April 2020, NHK has been providing this service
for limited periods to assess equipment load and usage.
With the rise of continuous simultaneous transmission, the boundary between
the concepts of communications and broadcasting is starting to blur. Rapid techno-
logical innovation has made it possible to provide a variety of services in both the communications and broadcasting ﬁelds, and the public’s needs for these services
are becoming increasingly sophisticated and diverse.
“Broadcasting” is deﬁned as the transmission of telecommunications intended
to be received directly by the public (Article 2, item (i) of the Broadcasting Act).
The term “public” used herein refers to an unspeciﬁed large number of people. Any service that targets a speciﬁc audience does not satisfy the deﬁnition of broadcasting in this sense. For example, subscription broadcasting available only to the contracting
parties conforms to the concept of “public” as long as the subscription is open to
S. Hayashi (B)
Graduate School of Law/The Applied Social System Institute of Asia, Nagoya University, Aichi,
Japan
e-mail: [email protected]
© The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2022 H. Mitomo and M. Kimura (eds.), , Advances in Information
and Communication Research 5,
https://doi.org/10.1007/978-981-19-4699-8_1
1

2
all persons.
1
Therefore, it is possible to determine whether a communication is a
communication to the “public” by examining the speciﬁcity of the recipients of the
communication and whether the “purpose” of the communication is to be “directly
received” by the public. If these requirements are satisﬁed, the communication itself
constitutes broadcasting.
2
However, continuous simultaneous transmission is not considered broadcasting
under this deﬁnition. For continuous simultaneous transmission, program data stored
on a server is transmitted over the Internet in response to a request (demand) from a
user. This means that the transmission is made to a recipient in response to a request
from the recipient to the sender (unicast Internet transmission). The recipient of the
continuous simultaneous transmission does not constitute the “public” because the
transmission is made to a speciﬁc recipient (one-to-one transmission). Consequently,
continuous simultaneous transmission is interpreted as a kind of “communication.”
In contrast, IP broadcasting (e.g., Hikari TV) is considered “broadcasting” under
the Broadcasting Act. In other words, communications made by cable TV operators using the IP multicast system, with respect to their subjective view (sender), are
usually intended to be transmitted widely to contracting parties (recipients), and there is no supposition of an intention of the senders to make speciﬁc persons the recipients
of communications. Moreover, with respect to whether the sender’s intention could be objectively recognized, given that communications made using the IP multicast method are always transmitted to an unspeciﬁed large number of recipients under the
conditions that the sender speciﬁes a multicast address instead of a speciﬁc recipient of the communications, and that the recipients can receive communications from that multicast address based on their demand (station selection), it is considered
appropriate to regard “communications made by cable TV operators using the IP multicast system” as conforming to the concept of “public.”
3
However, the distinction between “communications” and “broadcasting” seems
obscure from the perspective of the content they deliver. It seems that the telecom- munications and broadcasting services can only be differentiated depending on how the content is delivered—that is, through transmission or by broadcasting. Yet there
are stark regulatory differences between broadcasting and telecommunications. In other words, “broadcasting has a strong inﬂuence and a public nature different from other news organizations, public opinion bodies, and entertainment organizations,
because it utilizes the characteristics of radio waves to deliver vivid impressions rapidly, widely, and directly. How to use this great social force in a manner that is appropriate for public welfare and that contributes to the development of society is
thus an important question. The Broadcasting Act seeks to ensure freedom of expres- sion through broadcasting and therefore makes strong calls for impartiality, truth,
1
Kanazawa (2006).
2
Ministry of Posts and Telecommunications (hereinafter referred to as the “MPT”) (1989). p. 6.
3
Ministry of Internal Affairs and Communications (hereinafter referred to as the “MIC”) (2018).
FY2018 Report on the Information and Communications Media Usage Time and Information
Behavior Survey

The Concept of “Communications” and “Broadcasting” … 3
and autonomy in broadcasting.”
4
Thus, because broadcasting requires the exclusive
use of limited and scarce radio waves, is a medium with extremely strong social
and cultural inﬂuence, and provides large amounts of information immediately and
simultaneously in a highly passive and penetrating form to many receivers over a
wide area, the Radio Act and the Broadcasting Act provide special rules on broad-
casting. Put differently, the reason “broadcasting” is distinguished from other forms
of telecommunications and subject to special regulations is because of its great social
inﬂuence and, in the case of wireless broadcasting, its exclusive and monopolistic
occupation of certain bands of the radio spectrum, which is a limited and scarce
national resource.
5
On the other hand, the telecommunications business is deﬁned as “the business of
providing telecommunications services to meet the demands of others (abbreviated)” (Article 2, item (iv) of the Telecommunications Business Act). The telecommunica-
tions business is considered to be the business of using telecommunications facilities to intermediate communications between others. Telecommunications carriers have no knowledge of the information they transmit to their customers because the infor-
mation (content) belongs to the customers. Communications handled by telecom- munications carriers must not be censored (Article 3 of the same Act), the contents
of communications are protected (Article 4 of the same act), and those who violate these rules are subject to criminal penalty.
In the Japanese legal system, “broadcasting” is part of “telecommunications” in
a broad sense. However, if “telecommunications,” which excludes “broadcasting,” is taken to be “telecommunications” in a narrow sense, “broadcasting” can also be said to be a concept separated from telecommunications, and it needs to be further
analyzed whether this separation functions effectively in the legal context.
Thus, by drawing on past discussions, this article aims to provide a review and an
outlook on the concept of “broadcasting.” Although there are many studies focusing
on the concept of “broadcasting,” two representative studies are reviewed in the
following.
6
As for the copyright issues relating to the concept of broadcasting, they
are not discussed in this article due to space constraints.
7
4
Shou et al. (1950), p. 278–279.
5
Kanazawa (2012), p. 33–36.
6
Shiono (1997), p. 74–87; Tagaya (1995), Part 3, Chapter 2.
7
IP multicast broadcasting used to fall under the scope of “automatic public transmission” under
the Copyright Act, and in order to conduct simultaneous retransmission of broadcasting, it was
necessary to conduct more extensive copyright handling compared to cable broadcasting. Moving
toward the cessation of terrestrial analog broadcasting in 2011, it was requested that the simulta-
neous retransmission of broadcasting using IP multicast broadcasting, which was expected to be a
complementary service to terrestrial digital broadcasting, be treated in the same way as cable broad-
casting under the Copyright Act. For this reason, the Copyright Act was amended in 2006, and as
part of the development of a legal system to facilitate simultaneous retransmission by IP multicast
broadcasting, its copyright rules under the Copyright Act were revised and certain limitations were
imposed on the related copyrights.

4
2 Criteria for Distinguishing Broadcasting
and Communications: Historical Background
2.1 Original Classiﬁcation: The Legal System Before
the Privatization of Nippon Telegraph and Telephone
Public Corporation (NTT) and Before the Reorganization
of NTT (1999)
At the time of its enactment, the Broadcasting Act (Act No. 132 of 1950) deﬁned
“broadcasting” as “the transmission of radio communications intended to be received
directly by the public” (Article 2, item (i)). Consequently, wired broadcasting that
did not use radio waves was not “broadcasting” under the Broadcasting Act. Thus,
considering the legal distinction between communications and broadcasting, the legal
system had consisted of “public communications (wired)” and “broadcasting (wire-
less) since the enactment of the Broadcasting Act.” This can be seen clearly when we
look at the former MPT’s internal departments having jurisdiction over the related
major laws prior to the privatization of NTT in 1985. Speciﬁcally, the Telecom-
munications Policy Bureau (including its predecessor organizations), which was in
charge of the telecommunications administration at the time, had jurisdiction over
the Wired Telecommunications Act (Act No. 96 of 1953), the Public Telecommu-
nications Act (Act No. 97 of 1953), the Act on Temporary Measures Concerning
Expansion of Telegraph and Telephone Equipment (Act No. 64 of 1960 (abolished
in March 1983)), and the Act on Wired Broadcasting Telephone Business (Act No.
152 of 1957). By contrast, the Radio Control Bureau, in charge of the spectrum and
broadcasting administration, had jurisdiction over the Radio Act (Act No. 131 of
1950), the Broadcasting Act, the Act concerning the Regulation on the Operation of
Cable Radio Broadcasting Business (Act No.135 of 1951), and the Cable Television
Broadcasting Act (Act No.114 of 1972).
8
On the other hand, looking at this from the “business” side of telecommunica-
tions and broadcasting, after the privatization of NTT Public Corporation, under the Act on Nippon Telegraph and Telephone Corporation, NTT’s investment in other
companies could be made freely without subject to approval or other legal restric- tions. Even after the reorganization of NTT, NTT holding company and regional NTTs (NTT East and NTT West) were generally allowed to make investments freely
as before. At the time, it was expected that the convergence of telecommunications and broadcasting would make further progress, and the scope of NTT’s investment in the broadcasting business was expected to expand in response to the develop-
ment of rules aiming to curb the inﬂuence of the telecommunication business on broadcasting, taking into account the factors including the expansion of converged telecommunications and broadcasting services, increased mutual market entry in the
8
On July 1, 1984, the Telecommunications Policy Bureau and the Radio Regulatory Bureau were
reorganized to form the Communications Policy Bureau, the Telecommunications Bureau, and the
Broadcasting Administration Bureau.

The Concept of “Communications” and “Broadcasting” … 5
telecommunications and broadcasting businesses, the progress of adopting separa-
tion of hardware and software in broadcasting services, and the decline of NTT’s
monopoly in the telecommunications ﬁeld. In reality, however, NTT’s investment in
broadcasting was considered to have been basically limited because (i) given that the
separation of hardware and software through developing a transmission outsourcing
system had not taken place, there existed the risk that those possessing broadcasting
infrastructure(hardware) may exert undue inﬂuence on the content(software), and
(ii) from the perspectives of avoiding the concentration of information distribution
networks and ensuring diversity of content, it was not desirable for the NTT Group,
which had a monopoly on the infrastructure of regional communications networks,
to further dominate the broadcasting ﬁeld.
9
NTT also appeared to have decided not
to enter the broadcasting business after its privatization, out of consideration for the existing market order. Furthermore, the current legal system restricts NHK’s entry
into the telecommunication business because NHK is a special-purpose corporation whose purpose is to provide public broadcasting and is fully ﬁnanced by subscription fees from the public.
2.2 Interim Report of the Study Group on Services
at the Boundary Between Telecommunications
and Broadcasting
The 1989 report titled “Study Group on Services at the Boundary Between Telecom-
munications and Broadcasting” called for the introduction of a commissioned broad-
casting system as an exception to the principle of hardware/software integration. As is
discussed in the following sections, this was a pioneering move that shifted the focus
of discussion of the broadcasting concept from the physical transmission of broadcast
programs from a transmission station to the activities of broadcasting businesses.
As mentioned above, under the current Broadcasting Act, “broadcasting” refers
to the transmission of telecommunications intended to be received directly by the public, and the public herein means that the recipients of the communication should be unspeciﬁed. Thus, whether or not a communication is transmitted to the public
can be judged according to whether the recipients of communication are speciﬁed. This criterion has not been changed since the enactment of the Broadcasting Act. Moreover, it is deemed necessary that the sender’s intention to specify a person as
the recipient of communication should be recognized, not only subjectively from the sender’s view but also objectively. With respect to the deﬁnition of speciﬁcity, according to the criteria enunciated in reports issued by the MPT for judging the
speciﬁcity of the recipients of communication, it is deemed appropriate to examine
9
In contrast, with respect to Communications Satellite (CS) broadcasting, hardware and software
are clearly separated, and it was considered possible for CS broadcasting companies to invest in
commissioned broadcasting companies, as no particular adverse effects on the broadcasting business
were anticipated.

6
the following ﬁve factors comprehensively in order to admit the sender’s intention
of specifying recipient(s). (Factor (1) is the primary factor, and factors (3)–(5) are
not decisive but can be used as a reference when inferring a sender’s intention).
(1) The strength of the relationship between the sender and recipient, or the
strength of the recipient’s attributes
If the relationship between the sender and recipient is sufﬁciently strong that
there is no scope for others to intervene in the relationship (e.g., communica-
tion between the head and branch ofﬁces), this is recognized as communication
to a speciﬁc person. Furthermore, where there is ample opportunity for a third
party to enter into this relationship, and the speciﬁcity of the recipients is recog-
nized only in such a relationship (relative relationship), it may be necessary
to determine whether the speciﬁcity requirement is met by taking into account
(2)
for membership-based organizations where the membership requirements are
open to an unspeciﬁed number of people, and the purpose of membership is to
receive the communication, which can be regarded as the same as subscription
broadcasting.
(2) The particulars of the communication
If the particulars of communication assume a close relationship between
the sender and recipient or strong recipient’s attributes, the recipient of that
communication will be considered meeting the speciﬁcity requirement. On the
other hand, if there is no relation between the particulars of the communica-
tion and the sender–recipient relationship or the recipient’s attributes, then it
is difﬁcult to recognize the speciﬁcity of recipients.
(3) Conﬁdentiality of the data transmission format
(4) Receiver management
Where the format used to transmit data is conﬁdential, for example, scrambled,
or where the receiver is practically under the sender’s control or management, it
is possible to recognize the sender’s intention of transmitting only to speciﬁed
recipients. However, it is necessary that the recipients be speciﬁed through the
process of examining factors (1) and (2).
(5) Presence of advertising
If information is accompanied by advertising, it may be presumed that the
sender’s intention is to make the information available to an unspeciﬁed number
of people.
The background to the establishment of the criteria for determining the speci-
ﬁcity of the recipients of communication in the “Interim Report of the Boundary Area Service Study Group” was the launch of satellite broadcasting service using
broadcasting satellites (BS) in 1989 and the commercialization of CS satellite broad- casting in 1992. In the late 1980s, it became possible for households to receive even weak signals from CS satellites. It was envisioned that CS would be able to
transmit hundreds of channels over broadband, resulting in the emergence of various

The Concept of “Communications” and “Broadcasting” … 7
channels specialized in speciﬁc ﬁelds.
10
The issue was whether the nature of the
intended recipients of these specialized channels meets the deﬁnition of public in
the broadcasting context, for example, students receiving video lessons sent by cram
schools, or followers watching reliegious programs delivered by religious groups
using communication lines. An assessment of the abovementioned MPT’s ﬁve criteria
for determining the speciﬁcity of the recipients will be given below.
Subsequently, the 1996 report of the MPT titled “Round Table Discussion on
the Convergence of Communications and Broadcasting Heading into the twenty- ﬁrst Century” drew attention for its discussion of communications and broadcasting regulations in the context of the emergence of the Internet, whose commercialization
began in earnest in the late 1990s, based on the concepts of “communications of a public nature” and “broadcasting of a limited nature.” The report, however, main- tained the same stance that the traditional boundary between communications and
broadcasting be maintained while strengthening or weakening regulations in each peripheral ﬁeld.
2.3 The 2010 Amendment to the Broadcasting Act
The background of the 2010 Amendment to the Broadcasting Act began with the
“Report of the Roundtable Conference on the Future of Communications and Broad-
casting” (June 2006, hereinafter referred to as the “Roundtable Conference Report”).
The report recommended a fundamental review of the legal system governing
telecommunications and broadcasting, and pointed out the following. “In spite of the
increasing convergence and cooperation between communications and broadcasting,
the legal system is split in two, and there are a total of nine laws governing commu-
nications and broadcasting as a whole. This artiﬁcial fragmentation of the market
has impeded free business development. For this reason, reviewing the current legal
system in response to the convergence of telecommunications and broadcasting is
an urgent task that should begin immediately. Then, by 2010, necessary legislative
measures should be put in place premised on preserving the concept of core broad-
casting as in the current system and ensuring broadcasting regulations, and the legal
system should correspond to the layer classiﬁcations, e.g., the transmission, plat-
form, and content layers, so that new business operators can respond ﬂexibly to the
diversiﬁcation of transmission channels, and provide various services meeting user
needs.”
11
In response to this, the “Government and Ruling Party Consensus on the Future
of Communications and Broadcasting” (June 2006) stated that “the government will promptly start examining a comprehensive legal system for communications and broadcasting, based on the premise of maintaining the concept of core broadcasting,
10
Yamamoto (2011), p. 137.
11
MIC (2006), p. 5.

8
Radio Act (Wireless)
Laws and
regulaons related
to measures against
broadcast of illegal
and harmful
informaon
Communicaons
Broadcasng
Basic Principles
Wired Telecommunicaons Act (Wired)
NTT
Law
Telecommunicaons Business Act
Act on Broadcast on
Telecommunicaons
Services
Cable Television Broadcasng Act
Cable Radio Broadcasng Act
Broadcasng Act
[Free ﬂow of informaon]
[Universal service guarantee]
[Ensuring the safety and reliability of
informaon and telecommunicaons networks]
Content
Plaorm
Free-in-principle integraon and cooperaon across layers
Invesgaon into the necessity of a minimum-required system
from the perspecve of promong fair compeon
Transmission infrastructure
Transmission service
Communicaon and broadcasng
transmission services Integrang regulaons
Transmission equipment
Ensuring ﬂexible use of spectrum by
broadening service categories, etc.
Basic concept of
the review
Emphasis on technology neutrality to respond to rapid
technological innovaon
Relaxaon and consolidaon of regulaons to allow free
and diverse business development by operators
Ensuring the development of user protecon provisions
applied comprehensively to informaon and
communicaons
Transforming the current legal system from a ?vercal? to a ?layered? structure to create the world's most leading
legal system;
Consolidang the exisng telecommunicaons and broadcasng legislaon into a single ?Informaon and
Communicaons Act” (tentave tle).
Consideraon for regulaons to
ensure openness, including the need for
such regulaons
Restructure content regulaons to focus on
"special social impact
Act on Wired
Broadcasng
Telephone Business
Legislaon at the me Informaon and Communicaons Act
(Tentave tle)
Fig. 1
report of the Study Group on a Comprehensive Legal System for Communications and Broadcasting.
Source 2007)
and will reach a conclusion by 2010.” The “Basic Policy on Economic Manage-
ment and Structural Reform” (approved by the Cabinet in July 2006) also stated that
the government would promote reforms in the communications and broadcasting
ﬁelds based on the “Government and Ruling Party Consensus on the Future of
Communications and Broadcasting,” and with consideration of global perspectives.
A legal system corresponding to the layer classiﬁcations was also called for in the
“Report of the Study Group on a Comprehensive Legal System of Communications
and Broadcasting” (December 2007, hereinafter referred to as the “Report of the
Study Group on a Comprehensive Legal System”). “Japan’s existing legal systems
for telecommunications and broadcasting should be regulated in a common manner
for each layer according to the different positions and roles of individual content and
services within information distribution in networks. We should aim to be the ﬁrst in
the world to have a leading layered legal system. Grounded on the basic principles
of each layered regulation, it is recommended that the law be consolidated as much
as possible within each layer (and where necessary, between layers) and grouped as
broadly as technically possible to include the Provider Liability Limitation Act and
other laws related to ICT environments, aiming to create uniﬁed and comprehen-
sive legislation as the “Information and Communications Act (tentative title)”” (See
Fig.
1).
12
12
Report of the Study Group on a Comprehensive Legal System, p. 14.

The Concept of “Communications” and “Broadcasting” … 9
With respect to content regulations, not only broadcasting but also communica-
tions of a public nature should be subject to content regulation, and those with “special
social inﬂuence” should be subject to content regulations similar to that on broad-
casting as “media services.” Speciﬁcally, (1) broadcasting and content distribution
services that can be compared to broadcasting are deﬁned as “media services,” and
(2) all information and communications content that has a public nature except for
media services are deﬁned as “open media content.” With respect to (2), measures for
minimizing the illegal distribution of content should be taken, and the introduction
of regulations on harmful content should be considered. With respect to (1), because
some media services have relatively weak social inﬂuence, as seen in the increase
in the number of channels specialized in public entertainment, particularly due to
the development of multichannel CS broadcasting, regulations should be relaxed to
offer greater consideration for freedom of expression rather than uniformly imposing
the same regulations on all media services. In line with the trend toward relaxing
broadcasting regulations, media services should be classiﬁed according to the extent
of special social inﬂuence and regulated correspondingly in a step-by-step manner.
To be concrete, it was decided that “media services” which have a particularly strong
“special social inﬂuence” and perform a special public role, such as the current terres-
trial television broadcasting, should be considered “special media services (tentative
name)” and in principle be regulated under a similar regulatory framework as that for
the existing content regulations on broadcasting, while other media services should
be considered “general media services (tentative name)” and be subject to relaxed
regulations.
13
However, this vision of a uniﬁed and comprehensive information and commu-
nications legislation has been realized only partially. Subsequent discussions were included in the Information and Communications Council Report (
2009), which
decided to review the current legal system from three aspects: “transmission
facilities,” “transmission services” in which transmission facilities are used for
others’ communications, and “content” transmitted using transmission facilities. In
other words, it was decided that: (1) with respect to content regulation, the four
broadcasting-related laws (the Broadcasting Act, the Cable Radio Broadcasting Act,
the Cable Television Broadcasting Act, and the Act on Broadcast on Telecommuni-
cations Services) should be consolidated, and the current Broadcasting Act should
act as the core of the new content regulation; (2) with respect to transmission service
regulation, the current Telecommunications Business Act should act as the core
of the new transmission service regulation; and (3) with respect to transmission
facility regulation, a new system, as part of the new information and communica-
tions legislation, should be established to allow the use of a single radio station for
both communications and broadcasting purposes. In addition to this broad consoli-
dation, it was considered appropriate to discuss further consolidation from legal and
technical perspectives by taking into account legislation in other advanced nations.
13
Report of the Study Group on a Comprehensive Legal System, p. 17.

10
Under the amended legislation, the content of broadcasting-like communications
is not subject to regulation.
14
This is mainly because the legal interests and objec-
tives to be achieved are different between telecommunications and broadcasting. For
example, ensuring the “secrecy of communications” (Article 21, paragraph (2) of the
Constitution of Japan) is vital to telecommunications while securing the “freedom
of expression” (Article 21, paragraph (1) of the Constitution of Japan) is vital to
broadcasting. Consequently, (1) uniﬁcation of the broadcasting legislation (abolition
of the Cable Television Broadcasting Act, the Cable Radio Broadcasting Act, and
the Act on Broadcast on Telecommunications Services, and their integration into the
Broadcasting Act), and (2) the uniﬁcation of telecommunications business legislation
(abolition of the Act on Wired Broadcasting Telephone Business, and its integration
into the Telecommunications Business Act) were implemented, respectively. This
is due to the fact that each form of “broadcasting” was deﬁned separately in the
four former broadcasting-related laws before the amendment, making it difﬁcult to
understand the concept of broadcasting; thus, it was necessary to establish a frame-
work to ensure a standard deﬁnition of broadcasting in the new broadcasting law.
15 ,16
Consequently, the concept of “media services” was not introduced into the new broad- casting legislation, and the concept of “broadcasting” was retained a priori. The direct
reason for the failure of comprehensive information and communications legislation was that the government proposed to subject Internet services and content to the same regulation as broadcasting. This led to ﬁerce backlash from Internet service
providers and Internet users, who argued that it was an attempt to impose regulations on the Internet, which should be free of government control. Additionally, there were voices of opposition from the print media, including remarks such as: “The ‘Interim
Discussion Paper on the Comprehensive Legal Framework for Communications and Broadcasting’ published by the government also inevitably raises concerns about whether it could lead to new regulations on the media.” and “The ‘media services’
classiﬁcation is said to be divided into ‘those with a special public role’ and ‘others.’ The deﬁnition of ‘special public role’ is however unclear, leaving room for arbitrary interpretation. Attempting to classify media in the law according to the content of
their journalism and information may risk leading to the state intervening in the
14
The Act Partially Amending the Broadcasting Act (Act No. 65, December 3, 2010). These include
partial amendments to the Broadcasting Act, Radio Act, and Telecommunications Business Act, and
the abolishment of the Cable Radio Broadcasting Act, the Cable Television Broadcasting Act, the
Act on Broadcast on Telecommunications Services, and the Act on Cable Broadcasting Telephone
Business.
15
Under the former law, the concept of broadcasting was deﬁned separately for wireless broad-
casting (transmission of wireless communications intended to be received directly by the public)
and wired broadcasting (transmission of wire telecommunications intended to be received directly
by the public), which was difﬁcult to understand. Therefore, it was decided to unify these deﬁnitions
and deﬁne broadcasting as “telecommunication transmissions intended to be received directly by
the public” (Article 2, item (i) of the current Broadcasting Act).
16
Under the former legal system, the business types were decided based on the type of broadcasting.
This however was criticized for insufﬁcient ﬂexibility in business management.

The Concept of “Communications” and “Broadcasting” … 11
content of expression.”
17
There was also an opposing opinion stating that “the intro-
duction of regulations governing content involving acts of expression online, even
an advisory provision without penalties attached, would cast a wide regulatory net
over acts of expression that should not be restricted in the ﬁrst place.”
18
Further-
more, the broadcasting industry was also opposed to the proposed layered regulatory framework of the information and communications legislation, because the industry wanted the traditional “broadcasting” concept to be retained. The NAB’s opinion is a
typical example, stating as follows. “Although the Interim Discussion Paper does not use the term ‘broadcasting’ to describe such services, there is a common perception whereby the public audience envisions reliability and security of information and
programs, as well as the social role of broadcasting, from the term ‘broadcasting.’ The legal term ‘broadcasting’ should be thus inherited in the new legislation, and consideration should be given to avoid unnecessary confusion among the public
audience when formulating the new legal framework.”
19
3 Considerations
3.1 From the Perspective of the Legal Systems
for Communications and Broadcasting
As outlined in the previous section, the discussion about a comprehensive legal
system, which in part led to the 2010 amendment to the Broadcasting Act, was
intended to abolish the compartmentalized, vertical legal system comprising multiple
business regulations on broadcasting and communications, and to introduce a
layered, horizontal legal system, in view of the convergence of communications
and broadcasting.
However, there are differences in the legal systems governing telecommunications
and broadcasting that cannot be simply resolved by unifying the two. An important difference between telecommunications and broadcasting is the involvement or non-
involvement of a business operator in the information being handled. While the former is premised on non-involvement, the latter instead assumes full editorial responsibility for releasing information in the form of broadcast programs. Therefore,
it seems impracticable to unify the two without a central, uniﬁed philosophy. The reason why separate laws govern telecommunications and broadcasting, respectively, is that the laws are formulated according to their respective social functions, and it
is by no means inappropriate to have separate legal systems.
17
Japan Newspaper Publishers and Editors Association (2008), p. 1–2.
18
National Association of Commercial Broadcasters in Japan (NAB) (2007), p. 3.
19
NAB (2008), p. 1.

12
In other words, telecommunication businesses intermediate other persons’
communications through the use of telecommunications facilities or provide telecom-
munications facilities for use in other persons’ communications. Transmitted infor-
mation belongs to the user, and telecommunications carriers are not involved in the
content of that information. Communications handled by telecommunication carriers
must not be censored (Article 3 of the Telecommunications Business Act), the secrecy
of communications is protected (Article 4 of the same act), and those who violate
this law are subject to punishment.
By contrast, with respect to broadcasting, content transmitted by the broadcaster
is its own content. Broadcasting is an exclusive use of a limited and scarce radio spec-
trum, and is a medium with extremely strong social and cultural inﬂuence, providing
a large amount of information immediately and simultaneously to a large number of
recipients over a wide area in a highly passive and penetrating form. Speciﬁcally, the
main requirements for broadcasters include the following: (1) restrictions on foreign
investment in licensed broadcast station entities (Article 5, paragraphs (1) and (4),
Article 93, paragraph (1), item (vi), Article 159, paragraph (2), item (v), Article 104,
Article 166, paragraph (1), item (i), Article 116, Article 125, and Article 161 of
the Radio Act) and (2) the principle of excluding multiple ownership of the media
(hereinafter referred to as “the principle of deconcentration of mass media”), which
prohibits control over multiple broadcast stations (Article 93, paragraph (1), item
(iv) and paragraph (2) of the Radio Act). The principle of deconcentration of mass
media is an essential rule for ensuring the “pluralism, diversity, and regionalism” of
broadcasting, which is crucial for broadcasters to properly fulﬁll their social role, and
was made statutory by the 2007 Amendment to the Broadcasting Act. However, the
power to make speciﬁc regulations implementing this principle was delegated to the
MIC in the 2007 Amendment. The principle of deconcentration of mass media was
considered to be one of the criteria for awarding the license to broadcasters; however,
whether the licensed broadcasters keep conforming with this principle during the
license period was not taken as a criterion. Thus, the 2010 Amendment to the Broad-
casting Act made statutory speciﬁc rules concerning the principle of deconcentration
of mass media. In addition, to facilitate the broadcaster’s compliance with this prin-
ciple, the MIC was authorized to revoke the broadcaster’s license if the principle is
violated during the license period (Article 104, item (iii) of the Broadcasting Act).
Further, broadcast program regulations include the following: (1) program editing
standards to be observed in editing broadcast programs, so as not to harm public safety
or morals (Article 4 of the Broadcasting Act); (2) maintaining mutual consistency
between broadcast programs (Article 5 of the Broadcasting Act); (3) establishing
standards for editing broadcast programs; and (4) establishing a deliberative body
for broadcast programs (Articles 6 and 7 of the Broadcasting Act).
It is worthy of note that, with respect to the nature of broadcast program regulation,
the prevailing academic theory, premised on the current broadcasting legal system,
is that broadcast program regulation is a moral and ethical norm by which broad-
casters should autonomously abide.
20
Nevertheless, the legal normativity theory is
20
Ito (1976), p. 153, Nishido (2011), Suzuki and Yamada (2017), p. 90.

The Concept of “Communications” and “Broadcasting” … 13
also inﬂuential. As Article 76, paragraph (1) of the Radio Act stipulates that “if
a licensee violates this Act, the Broadcasting Act or any orders or administrative
dispositions thereunder,” broadcast program regulations can be literally interpreted
as part of the Broadcasting Act and thus have legal normativity. The MIC has shifted
its ground from the ethical norm theory to the legal normativity theory, where it can
order the licensee to suspend the operation of the radio station for such violations.
21
Hideo Hiraoka, Vice Minister of the MIC at the time, stated the following to the Diet
in 2010: “The Program Standards are stipulated in Article 3-2, paragraph (1) of the
Broadcasting Act, and we have always believed that these Program Standards have
legal normativity. Thus, if a broadcaster violates the Program Standards, the MIC
may issue an order to suspend operations, in accordance with Article 174 of the new
Broadcasting Act or Article 76 of the Radio Act. However, as I have answered in the
past, we will issue orders to suspend operations only in extremely limited circum-
stances, such as when it is clear that a broadcast has been made in violation of the
provisions of the law, the broadcast is harmful to the public interest and contrary to
the purpose of the Broadcasting Act, it is necessary to prevent the broadcast from
occurring in the future, the business operator has repeatedly committed the same
violation, measures to prevent the recurrence of the violation are insufﬁcient, and
where it is recognized that broadcasting in compliance with the law cannot be ensured
by expecting broadcasters to self-regulate. We have always treated this authority as
something that should be exercised with extreme caution, and this is the reason why
we have not so far issued any suspension order for the violation of the Broadcasting
Act.
22
” Also, some scholars are in support of the legal normativity theory.
23
As indicated in the MIC’s interpretation of the Broadcast Program Editorial Stan-
dards, even though the MIC considers that the editorial standards have legal norma- tivity, it still sets a high standard for imposing administrative dispositions based on violations of those standards, keeping its regulatory authority conceptual, advi-
sory, and latent. Rather, the MIC uses administrative guidance, instead of admin- istrative disposition, as a corrective measure. In keeping with this stance, Sanae Takaichi, the then Minister of the MIC, stated: “We cannot promise that we will
not take any action against broadcasters that do not make improvement at all, no matter how many times the government asks them to. Spectrum license suspension is not without possibility in the future.” (at the Budget Committee of the House of
Representatives on February 6, 2016) The possibility of spectrum license suspen- sion was consistent with the government’s view, but was received with surprise in some quarters because of wide coverage by the media. As for regulations on broad-
casters, a self-regulatory mechanism was developed by broadcasters through the establishment of the Broadcasting Ethics and Program Improvement Organization
21
This was triggered by the Tsubaki Case of 1993, an alleged violation of the Broadcasting Act stem-
ming from comments made by Mr. Tsubaki, head of TV Asahi’s Press Department. Mr. Tsubaki’s
comments raised concern during the House of Representatives general election that year.
22
176th Session of the Diet, House of Councilors, General Affairs Committee Meeting Minutes,
No. 6, p. 3 (November 26, 2010).
23
Ashibe (1996), Ichikawa (2009).

14
(BPO), an independent third-party organization, in 2003. Rather than placing the
substantial broadcasting regulation outside the framework of the legal system and
making the imposition of the regulation merely a matter of construction of Article
4 of the Broadcasting Act, the current regulatory framework governing broadcasters
can be understood as a balance point where public opinion plays a referee’s role
while broadcasters and the government compete with each other.
24
The following
statement made by Yujiro Chiba (Director of the University of Tokyo’s Institute of
Journalism) at the time of the 1958 Amendment to the Broadcasting Act seems to be
a vivid demonstration of this understanding. “It means that the broadcaster’s conduct
is not without consequence to how it is regulated by the government. Public opinion
will not allow the government to unnecessarily impose restrictions on broadcasting,
which every layer of society considers to be satisfactory on the whole. However, if
the content of broadcasting gradually deteriorates and is subject to strong criticism
by the public, the public may welcome, rather than oppose, attempts by the govern-
ment to regulate it. In this sense, I attach great importance to the signiﬁcance of this
amendment, which expects responsible behavior from broadcasters. I am in favor of
this amendment, which appears to be based on an expectation of self-regulation by
broadcasters, on the assumption that the government will not overstep its bounds in
its interpretation of this amendment. In this regard, this amendment is a step forward
in the government’s supervisory powers over broadcasters.”
25
This historical transition of the broadcasting regulation, which is completely
different from that of the telecommunications regulation, has given “broadcasting” a special status distinct from that of other media services, and has probably served as the momentum to keep the “broadcasting” concept alive. This premise is closely
related to the previous discussion of the “social inﬂuence” of broadcasting as a basis for its regulation.
Moreover, the fact that the abovementioned 2010 Amendment to the Broadcasting
Act covered both wired and wireless broadcasting and uniﬁed program-related regu- lations under the very Act can be interpreted as seeking to use “the magnitude of the inﬂuence of broadcasting” as the basis for program-related regulations. Cable radio
broadcasting and cable television broadcasting are subject to the Broadcasting Act as general broadcasting. Accordingly, the choice of hardware in general broadcasting is free (including wireless, cable, or the use of telecommunications services). The
Broadcasting Act is thus considered to regulate the content layer. Forms of vertical integration across the transmission facility layer or transmission service layer are also possible, and in such cases, the obligation to provide facilities to others is not
imposed. Broadcasters are subject to program-related regulations under the Broad- casting Act, irrespective of whether they are vertically integrated with other business
24
However, this has been the subject of criticism because even if it takes administrative guidance
as its legal form, in substance, it is barely different from a business improvement order. There has
also been debate as to whether all administrative guidance should have an authoritative basis in
effective law.
25
(28th Diet Session, House of Representatives, Committee on Communications, No. 22, April 3,
1958, p. 2).

The Concept of “Communications” and “Broadcasting” … 15
operators or not. This can be considered a result of using “the magnitude of the
inﬂuence of broadcasting” as the basis for program-related regulations.
3.2 The “Social Inﬂuence” Theory and Obsolete Criteria
for the Deﬁnition of Broadcasting from the recipient’s
Perspective
The abovementioned Report of the Study Group on a Comprehensive Legal System
stated that “broadcasting is a medium that directly, immediately and simultaneously
transmits information to an unspeciﬁed large number of viewers nationwide, and
has strong social inﬂuence (special social inﬂuence) compared to other forms of
information and communication media,” and cited broadcasting’s “special social
inﬂuence” as the basis for regulation in the broadcasting business.
26
The immediacy
and simultaneity of broadcasting, which used to be one of the criteria distinguishing
broadcasting from communications, are no longer unique to broadcasting due to
the emergence of content distribution services (i.e., “communications of a public
nature”) associated with the widespread adoption of broadband Internet. This has
highlighted the use of the extent of “social inﬂuence” as a criterion to distinguish
broadcasting from communications, and is the reason why the Report of the Study
Group on a Comprehensive Legal System emphasized the social inﬂuence theory,
stating that: “Regardless of the fact that the traditional concept of ‘broadcasting’ is
being transformed by technological innovation, the social importance of the funda-
mental role that broadcasting has performed to date will not decline, and in this sense,
the regulatory framework of ‘broadcasting’ can continue to serve as a model for the
regulation governing media content with ‘special social inﬂuence’.”
The following characteristics were listed in the report as indicators for judging
the extent of social inﬂuence: (1) the type of content, such as video/audio/data, (2) the quality of the service, such as the video resolution, (3) accessibility by devices,
(4) the number of viewers, and (5) distinctions between free and paid services. The report particularly emphasized that the indicators should be able to be considered based on their visible external features wherever possible. However, the report did not
analyze in-depth how these indicators could function as measures of social inﬂuence, nor whether the social inﬂuence theory continues to be the basis for the independent existence of the concept of broadcasting. Indeed, the more an analysis focuses on
quantitative indicators, which can be judged by their visible external features, for determining the extent of broadcasting’s social inﬂuence, the more the boundary between broadcasting and Internet media becomes blurred. For example, according
to the MIC’s survey, the relative importance of media as a source of information
26
Report of the Study Group on a Comprehensive Legal System, 17. In addition to the “social
inﬂuence theory” described in the main text, other schools of thought serving as the basis for
broadcasting regulations include theory of the limitedness and scarcity of radio spectrum (discussed
in Sect.
3.3), theory of radio spectrum as a public property, and the program standardization theory.

16
ranked as follows, in descending order: TV (88.3%), Internet (77.5%), newspapers
(59.5%), and magazines (18.8%); for the 20s and 30s age groups, the importance of
the Internet exceeded that of TV.
27
In consequence, it could be said that the more the
emphasis placed on these quantitative indicators, the more blurred is the boundary
between broadcasting and other Internet media.
This is not only the case in Japan but also in the UK, which has a public broad-
casting organization (British Broadcasting Corporation, hereinafter referred to as the “BBC”) similar to that of Japan. The House of Commons Culture, Media and Sport
Committee of the UK Parliament compiled a report titled “Future of the BBC”,
published in February 2015, to set out issues with a view to renewing the BBC’s
charter. This is because the information and communication ﬁeld has developed
rapidly since the last renewal of the BBC’s charter in 2006, and new devices and
platforms have appeared while traditional media such as television and radio still
maintain their presence.
28
The purpose of the report was to examine the role that
the BBC should play in the future, draw an ideal image of the BBC, and identify future tasks for the next renewal of the BBC’s charter while predicting the situation
from 2016 onward in light of changes at the BBC and the market environment since 2006. The issues identiﬁed in the report were as follows: What is the reason for
the BBC’s existence? What objectives should it pursue as a public service broad- caster? Is the BBC’s ﬁnancial base appropriate in light of the current media market and social environment? Is the BBC’s regulatory oversight structure adequate? The
report pointed out that viewers are moving away from TV broadcasting and shifting to viewing content on the Internet. Speciﬁcally, 32% of the total number of adults watch broadcast TV programs via the Internet (e.g., BBC iPlayer) and 14% watch
TV programs (including live and deferred broadcasting) on their mobile phones, suggesting that while TV broadcasting is likely to remain an important media plat- form, content viewing on the Internet is growing exponentially and expected to
continue growing for the foreseeable future. Therefore, this report proposed that the BBC can and should enhance interactive services and personalized broadcasting by using feedback from viewers to inform service development.
Thus, the survey results showed that the Internet has already surpassed television
in importance, especially for the younger generation, and it was expected that the distribution of TV broadcast programs via the Internet (which is a service operated
over the Internet under the Broadcasting Act; thus, it is not “broadcasting” under the Japanese law.) would continue to develop as a service similar to broadcasting. Actually, the social functions of broadcasting, IP broadcasting, and broadcasting-like
“Internet TV” (communications) are becoming closer than ever, and users (viewers) do not perceive the distinction among them. Currently, perhaps only a few viewers
can accurately distinguish between broadcasting and communications among various types of Internet content distribution services.
27
Ministry of Internal Affairs and Communications Institute for Information and Communications
Policy (2019).
28
This report was initiated because a number of controversial incidents occurred to BBC, which
casted doubt on BBC Trust, the governing body of BBC since 2007.

The Concept of “Communications” and “Broadcasting” … 17
For example, according to the MIC,
29
IP broadcasting refers to communications
transmitted linearly (where the timing of transmission is determined by the service
provider) via closed, managed IP networks (that can be managed by network opera-
tors, etc.) and includes two types: simultaneous rebroadcasting of terrestrial/satellite
broadcasting and autonomous broadcasting (except simultaneous rebroadcasting of
terrestrial/satellite broadcasting). In IP broadcasting, broadcasters transmit packets
of all channels (broadcast) simultaneously and in unison from the distribution
server (IP multicast method), which is a primary characteristic that distinguishes
IP broadcasting from communications transmitted via the Internet in response to a
user’s request. This explains why online video distribution is not broadcasting. The
following statement by Masamitsu Naito, the then Vice MIC, also supported this
view.
I’d like to point out three characteristics [of broadcasting] in particular: public, direct, and
transmission. By public, I mean an unspeciﬁed large number of people. In other words,
the fact that a person makes a request for transmission means that that person becomes
speciﬁc at that point, so this falls outside the scope of the broadcasting regulations. Besides,
the concept of broadcasting needs to be understood in the context of the combination of
public, direct, and transmission: a sender is deﬁned as a person who transmits the same
information simultaneously and in unison to an unspeciﬁed number of people in a single act
of transmission. In this sense, those who make a request for transmission and have videos sent
to them are not related to the broadcasting regulations. Therefore, I would like to reiterate
that the scope of ‘broadcasting,’ newly deﬁned after the integration of the old four related
laws, does not include, as I said before, content sent by requests, such as Nico Nico Douga
and YouTube.
30
However, this is an explanation purely from a technical perspective rather than a
substantive one, such as the intrinsic signiﬁcance or social inﬂuence of broadcasting.
In addition to these formal explanations, more explanations based on the positive
signiﬁcance of broadcasting may be desired.
The same can be said of the ﬁve factors for determining the speciﬁcity of the
recipients of communication presented in the “Interim Report of the Boundary Area Service Study Group.” These factors, functioning as the current MIC’s standard to distinguish between communications and broadcasting, seem to no longer function
as intended from a consumer’s (recipient’s) perspective. It is true that the ﬁve factors are adequate for a traditional view of broadcasting. However, if it becomes possible to view all NHK broadcast programs “anytime, anywhere” on the Internet and if
this service becomes widely established among consumers, viewing the content of broadcasts by continuous simultaneous transmission may be more convenient than
viewing broadcasts through a receiver. Furthermore, although operations conducted over the Internet are NHK’s optional operations, they are very similar to broad- casting, NHK’s mandatory operation, in terms of the original function and nature of
mass media, which is to transmit information to the national audience through audio
29
MIC,
Information Behavior Survey 2018), 19.
30
174th Diet Session, House of Representatives, Committee on Internal Affairs and Communica-
tions, No. 20, May 25, 2010, 7.

18
and video content. Therefore, to ensure that operations conducted over the Internet
are implemented in a manner consistent with NHK’s object and the subscription
fee system, NHK’s implementation standards of the operations conducted over the
Internet are subject to approval by the MIC, and certain constraints are imposed on
the scale, content, and method of implementation. Simultaneous distribution is given
the legal status of “complement to broadcasting,” an optional operation compared
with broadcasting. However, if it is possible to watch all NHK’s broadcast programs
via the Internet on smartphones, regardless of time and place, consumers will cease to
be concerned about whether simultaneous transmissions are broadcasting. Accord-
ingly, the legal status of simultaneous transmission as a “complement to broadcast-
ing” under the Broadcasting Act will not reﬂect the real situation. Rather, viewing
broadcasts through a receiver may conversely become complementary to continuous
simultaneous transmission, especially for the young generation. In view of this, the
criteria for distinguishing broadcasting from other types of content distribution, espe-
cially the “strength of the relationship between the sender and recipient,” may lose
their contemporary meaning. The idea of distinguishing between communications
and broadcasting based on the “strength of the relationship” between the sender and
recipient emerged before the advent of the Internet and may be no longer appro-
priate to be applied when IP-based video distribution services offered by broad-
casters have become widespread. Going forward, is there a need to reconstruct
the concept of broadcasting from the viewpoint of program (content) recipients?
Certainly, reconstructing the broadcasting concept involves complicated issues of
copyright (automatic public transmission rights), neighboring rights (right to make
available for transmission), and broadcasting rights (rights determined by broad-
casting rights contracts), making it difﬁcult in practice; however, it is necessary to
continue discussing this issue.
31
As for the content layer regulation, it was proposed in the aforementioned Infor-
mation and Communications Council Report (2009) that content regulations be struc-
tured as regulations on content services that provide and transmit content. The four broadcasting-related laws were integrated into the Broadcasting Act in 2010 as the
result of the amendment. Broadcasting on telecommunications services is treated as general broadcasting under the Broadcasting Act and is subject to program-related and other business regulations under the registration or notiﬁcation system. The
Broadcasting Act of 2010 also recognizes social inﬂuence as one of the legal bases for regulation. However, considering the abovementioned results of domestic and foreign surveys, it appears to be increasingly difﬁcult to distinguish broadcasting
from other media based on the social inﬂuence theory that overemphasizes the role of quantitative indicators.
31
(Hayashi, 2019, p. 51).

The Concept of “Communications” and “Broadcasting” … 19
3.3 Discussion Concerning Limited and Scarce Broadcast
Spectrum
The “limitedness and scarcity” of the broadcast spectrum has long been the domi-
nant view of the regulatory basis for broadcasting regulations. However, it does not
sufﬁciently address the issue here. When we speak of limited and scarce broadcast
spectrum, even though it is normative rather than merely technical or physical, the
scarcity of a good does not necessarily imply that it must be publicly allocated or that
its use must be publicly regulated.
32
This is because all goods traded in the market
can be said to be scarce in the sense that they are traded at a price.
33
From the outset,
there are more people who wish to use the limited and scarce radio spectrum than those allowed to use it; therefore, even those who are allowed to use it should not be
allowed to use it at their disposal. Those who are allowed to use the radio spectrum, which is common property of the people, should be regarded as having received the solemn trust of the people (i.e., as trustees entrusted by the people with the effective
and proper use of the broadcast spectrum), and bearing a responsibility under the Radio Act to use the broadcast spectrum for the beneﬁt of the nation as a whole (promotion of public welfare). In this sense, it makes no difference whether it is a
telecommunication carrier or a broadcaster who has been allocated the limited and scarce radio spectrum. Thus, there is a need to elaborate the regulatory basis of the radio spectrum from the perspective of clarifying the public nature inherent in the
“various characteristics of broadcasting” (Shiono,
1989, p. 139). The reason why
the constitutional debate has continuously sought to elaborate on the public nature of broadcasting from the viewpoint of freedom of broadcasting is that “the ‘public
nature of broadcasting’ is a term with its own value-related nuance,”
34
and “unless
we discuss about the broadcasting regulations based on a clear understanding of the constitutional values lying behind the various characteristics of broadcasting, there
is a risk of falling into mere ideology.”
35
32
Ashibe (1996), from p. 76 onwards, pointed out that, “the theory of the limited nature of radio
spectrum, which underlies the need for public regulation, does not purely refer to the limitedness in
a physical and technical sense per se.” Rather, it means “the limitedness in a social sense attributed
to the contrast between frequencies available and the number of consumers”.
33
As Professor Hasebe (2004, p. 122) states, “The actual rationale for the regulations seen in many
countries is to tackle the risk that the main source of information is controlled by a small number of mass media, forming a bottleneck, and the actual rationale for regulations is to deal with that bottleneck risk. Scarcity and social inﬂuence are just brought up as rough guides for the enforcement of the regulations,” and it seems that “both of these are yardsticks but not the rationale in the ﬁrst place”.
34
Shiono (1989), p. 139.
35
Nishido (2011), p. 37.

20
4 Conclusion
The Supreme Court decision concerning the NHK’s subscription fee system stated
that broadcasting “should be widely disseminated to the public as a means of substan-
tively satisfying the public’s right to know, contributing to the development of a sound
democracy under the guarantee of freedom of expression provided under Article 21 of
the Constitution.”
36
Thus, broadcasting is more than just the subject of consumption
or preference that consumers watch when they wish to; it is something “that should
be widely disseminated to the public.” The following part of the decision is particu-
larly noteworthy. “Broadcasting using radio waves has long been subject to a certain
measure of regulation by the state, such as a licensing system for establishing broad-
casting stations, which are radio stations transmitting broadcasts (see Article 4 of the
Radio Act), since radio spectrum is limited and it is necessary to ensure its fair and
efﬁcient use within internationally allocated ranges.” NHK is subject to various rules
under the Broadcasting Act regarding its existence as a broadcaster and its broadcast
programs. Traditionally, it has been said that the regulations on broadcasting are
due to the facts that broadcasting uses a limited and scarce radio spectrum and that
broadcasting carries a large social and cultural inﬂuence, as discussed above. But
there seems to be a need to further elaborate on whether this basis for broadcasting
regulations is valid. From this perspective, this article offers some considerations
focusing on the deﬁnition of broadcasting.
At the time when the Internet began exploding in popularity, people hoped the
spread of the Internet would lead to a “digital democracy” that would democra- tize information.
37
Widespread adoption of the Internet has given rise to a situation
wherein the same information can, if not simultaneously, be accessed by an unspec-
iﬁed number of users. However, recently, we have witnessed a phenomenon that
seems to run contrary to the expectations placed upon the Internet. If the foundation
of a healthy democratic society is for people with diverse values to be able to discuss
issues on the basis of correct and unbiased information, with consideration for each
other’s interests, and with respect for each other as human beings, then the Internet
seems to have had the effect of weakening democracy, in part by creating strong
biases in the information to which people are exposed. The dissemination of fake
news, which has now become a global issue, is a typical example of the decline in
the “quality” of communication on the Internet. Additionally, various other problems
have arisen, such as hate speech on the Internet, “ﬁlter bubbles” (a phenomenon in
which the recommendation algorithms of search engines, news media, and social
media cause biases in the information that users access), and “echo chambers” (a
36
Supreme Court, Grand Bench, Judgment, December 6, 2017, Civil Code, Vol. 71, No.10, 1817.
37
Endo (2008, p. 120 onward) states, “In the United States, the…… concept of ‘community’ is not
a pre-modern, predetermined (fated) social relation as is often misunderstood, but a social relation
chosen precisely by one’s own will. ……And it should be noted that this mindset toward social
relations is clearly the foundation for the circuit-like design of the Internet. ……Therefore, in the
United States, the Internet is perceived in some respects (by those who have a positive impression
of the Internet) as the very embodiment of the American spirit”.

The Concept of “Communications” and “Broadcasting” … 21
phenomenon in which users communicate only with users who have the same opinion
and lose the opportunity to come into contact with different opinions and information
that is unfavorable to their own theory), trolling, cyber bullying, identity theft, and
“prank videos” (videos of aggressive, extreme, and sensationalist acts). In view of
the polarization of knowledge and society caused by these factors, broadcasting may
be the saving grace. A recent European Commission survey
38
showed that only 26%
of users trusted social media and messaging apps, while a much larger percentage
placed more trust in traditional media (radio broadcasting (70%), TV broadcasting
(66%), and newspapers (63%)). In this age of information overﬂow, where people
spend more time on and make more visits to Internet media, the value of broadcasting
is on the contrary being accentuated. The following comment by Chuma Kiyofuku,
a famous Japanese journalist, on the signiﬁcance of the existence of newspapers can
be applied to broadcasting:
Somehow, paradoxically, newspapers will continue to exist precisely because we live in
a multimedia age. As the new ‘Press Moral Code’ established by the Japan Newspaper
Publishers and Editors Association in June 2000 stated, in a society that is bombarded with
a tremendous amount of information, it is more important than ever to make accurate and
prompt judgments about what is true and what information should be selected. At present,
there is no one better suited to carry out this task than the newspapers. It is amidst these
circumstances that we can most fully utilize the characteristics of newspapers. Newspapers
never die.”
39
If humans can only be social beings in relation to others, broadcasting can still be
expected to perform a fundamental role in our existence as social creatures.
5 [Addendum] Regarding the Continuous Simultaneous
Transmission of NHK’s Broadcast Programs
As a supplement to the previous discussion of the continuous simultaneous trans-
mission of NHK’s broadcast programs, this article examines its general background
and related issues involved as follows.
5.1 Background to Continuous Simultaneous Transmission
In response to the 2019 Amendment to the Broadcasting Act, the MIC has revised the
Regulations concerning the enforcement of the Broadcasting Act (No. 10 of the 1950
Radio Regulatory Commission Regulations) to specify the particulars of the “NHK’s
Implementation Standards for Operations Conducted Over the Internet” (hereinafter
referred to as “Implementation Standards”), which NHK is required to formulate and
38
European Commission (2018).
39
Chuma (2003), p. 149.

22
obtain approval from the MIC under Article 20, paragraph (9) of the Broadcasting
Act. In addition, the MIC has also developed the “Guidelines for the Approval of
Implementation Standards for Operations Conducted Over the Internet” (hereinafter
referred to as “Guidelines”).
On October 15, 2019, in accordance with Article 20, paragraph (9) of the Broad-
casting Act, NHK submitted an application to the MIC for approval of the proposed changes to the Implementation Standards, including the implementation of new oper-
ations conducted over the Internet (including continuous simultaneous transmission) and changes to maximum expense for the implementation of operations conducted over the Internet for this purpose.
In response to this application, on November 8, 2019, the MIC published the
“Basic Views of the MIC regarding the Handling of Applications for the Approval of Proposed Revision of the Implementation Standards of Operations Conducted
over the Internet by the Japan Broadcasting Corporation” (hereinafter referred to as “Basic Views”). In addition to requesting that NHK consider these basic views, they decided to take into account the opinions of viewers and the general public, soliciting
opinions on the Basic Views through public consultation. On December 23, 2019, the MIC published its views on NHK’s response to the Basic Views and the result of the
public consultation; on December 24, 2019, NHK submitted a revised application to the MIC requesting changes to the implementation standards.
The proposed Implementation Standards by NHK (hereinafter referred to as the
“Draft Implementation Standards”) include the following: the initiation of providing continuous simultaneous transmission of general and educational television broad- casts and the distribution of missed programs; the implementation of “Measures
Associated With Best Efforts Under the Broadcasting Act,” “Measures Associated With Universal Service,” and “Measures Associated With the Tokyo Olympic and Paralympic Games”; and with respect to the latter, the amount to be implemented will
be determined separately from the upper limit of expenses, i.e., 2.5% of subscription revenues.
40
Based on the NHK’s response to the Basic Views and the result of the
public consultation, the Draft Implementation Standards were approved by the MIC
with the following conditions (hereinafter referred to as “Approval Conditions”) after
the MIC’s examination of the proposal according to the Guidelines.
41
(1)In carrying out operations conducted over the Internet, there shall be efforts to make operations conducted over the Internet an effective tool for citizens and viewers to view broadcast programs, and from the viewpoint of improving
broadcasting services, there shall also be efforts to share experiences and other results obtained through these implementations with related businesses such as commercial broadcasters.
40
The “NHK Online Services Implementation Standards (Draft)” was approved by the Minister of
Internal Affairs and Communications on January 14, 2020, and was formalized.
41
Herein, “(omission)” is attributed to the person quoted.

The Concept of “Communications” and “Broadcasting” … 23
(2)With respect to cooperation and coordination with other broadcasters, as
stipulated in Article 10 of the Draft Implementation Standards, opportuni-
ties for discussion shall be provided in accordance with requests from other
broadcasters.
(3)During the Tokyo Olympic and Paralympic Games, (omission) with respect to the continuous simultaneous transmission of “related programs” without a message displayed, the scope of such programs should be clariﬁed in
the implementation plan while taking into consideration the purpose of the subscription fee system and its impact on market competition.
(4)(Omission) The provision of programs on air in 2019 shall be carried out
within the budget for operations conducted over the Internet for the ﬁnancial
year 2019.
(5)(Omission) The speciﬁc hours of broadcasting programs from April 1, 2020,
shall be determined in the implementation plan, taking into account the status
of costs in response to increasing numbers of users and others so as not to
subvert the purpose of setting upper limits on costs.
(6)Speciﬁc mechanisms for the controlled management of the costs of operations conducted over the Internet should be discussed, with a deﬁnite conclusion
reached within 2020, and introduced as soon as possible.
(7)If the balance of revenues and expenditure on fee-charging services is expected to worsen compared with (omission) forecasts, measures should be
clariﬁed and included in the implementation plan to improve the cumulative balance of fee-based operations.
(8)The direction and content of improving the efﬁciency of existing operations
conducted over the Internet shall be clariﬁed in the 2020 implementation plan.
(9)(Omission) With respect to the provision of broadcast programs, an outline of
the types of devices and software to be used for provision shall be described
in the implementation plan.
(10)(Omission) The scope of information used for promoting understanding shall
be veriﬁed to ensure proper implementation by providing opportunities to
listen to the views of competing businesses in 2020.
(11)In the event that budgets have been diverted in accordance with Article 5 of
the Supplementary Provisions of this draft, the costs of the services listed
therein shall be included and published in the FY2020 business report, and
the details of the costs that can be listed shall be included in a format that
conforms to the schedule of expenses in Item 3 Part 2 of the Appendix to
Regulations concerning the Implementation of the Broadcasting Act.
(12)With respect to calculation methods for organizing expenses, in principle,
expenses that can be directly charged should remain in the same manner, but
methods for allocating expenses should be reviewed as necessary to make
this more ﬁtting in accordance with the actual results.

24
Through discussing the Approval Conditions below, this article attempts to deci-
pher the stakes and issues in the MIC’s decision to approve continuous simultaneous
transmission.
42
5.2 Cooperation and Collaboration with Broadcasters,
and the Implications of the Term “Market Competition”
Items (1) and (2) of the Approval Conditions describe operations conducted over the Internet in general, as well as cooperation and coordination between NHK and commercial broadcasters. This is a direct response to duties set forth in Article 20,
item (xiv) of the amended Broadcasting Act, which stipulates the use of the Internet for business purposes. However, it may also have stemmed from the purported “pressure on the private sector,” against which commercial broadcasters have been
campaigning. The relevant excerpt from the Article is as follows: “The Association shall, in carrying out the duties set forth in paragraph (2), item (ii) (continuous simul-
taneous transmission: added by author), endeavor to make available for general use through telecommunication lines broadcast programs locally as well as nationwide, and shall cooperate as necessary in the smooth implementation of duties equivalent
to said duties conducted by other broadcasters.” The meaning of the term “pres- sure on the private sector” is vague, but it can be understood as concerns about the impact of market competition with NHK’s continuous simultaneous transmis-
sions from the viewpoint of commercial broadcasters and other private operators. Under the “dual system” of broadcasting (NHK and commercial broadcasters), if NHK is to change from being a “public broadcaster” to a “public media,” it needs to
consider how to establish a “multilateral system” with newspapers and other media including the Internet based on the principle of securing the public’s right to know while maintaining diversity, rather than to stand out on its own.
43 ,44
For example, the result of public consultation on continuous simultaneous trans-
mission included statements such as “In future, NHK itself, as well as its subsidiaries and afﬁliated companies, must never earn advertising income or income analogous
to advertising fees through operations conducted over the Internet.” (National Asso- ciation of Commercial Broadcasters in Japan, hereinafter “NAB”) and “Concerning
online content distribution services that have been already conducted by the private sector, such as live sports programs, NHK must not put pressure on the private sector, taking into consideration their commercial nature. We believe that where there are
42
For an overview and discussion of operations conducted over the Internet prior to the approval
of continuous simultaneous transmission, see, Hayashi (2016).
43
The Supreme Court’s decision concerning the NHK subscription fee system (Supreme Court,
December 6, 2017, Civil Code Vol. 71, No. 10, p. 1817) describes the “dual system” as “a binary
system of broadcasters and commercial broadcasters”.
44
The “Opinions of the Japanese Newspaper Publishers and Editors Association Media Develop-
ment Committee on the NHK Management Plan” (February 10, 2015) pointed this out.

The Concept of “Communications” and “Broadcasting” … 25
existing businesses, NHK should not enter the market, and utmost consideration is
necessary.”
45
(Asahi Television Broadcasting Corporation).
Collaboration between NHK and commercial broadcasters is already underway,
without waiting for constant simultaneous transmission. This is exempliﬁed by the cooperation between NHK and commercial broadcasters regarding their online
program distribution via radio (radiko) and TV(TVer). In terms of centralizing the
platform for online distribution of broadcast programs, this will undoubtedly be more
convenient for the public and viewers and may provide opportunities to develop the
dual system.
In any case, “market competition” in the broadcasting sector is not the same as
pure economic competition. In other words, there are two markets in the broad- casting sector: the advertising market, where there is competition for viewership, and the viewership market, where there is competition for viewers in video distribu-
tion, including content other than broadcast programs. Under the dual system, NHK, which does not depend on advertising revenue, is involved in the viewership market. However, in the market for viewers, there is competition in terms of program quality
and the type of programs, both of which are not similar to price-based competition. Moreover, online video distribution itself, including continuous simultaneous trans-
mission, is still a nascent market that deviates from the economic or competitive market schools of thought. NHK dominates the market in terms of overall subscrip- tion revenues, and this ﬁnancial strength could be used to inﬂuence the market and
competitors by, for instance, driving up the cost of procuring content. In this sense, it is crucial that the Approval Conditions include NHK’s cooperation and coordina- tion with commercial broadcasters in order not to distort competition in the market.
However, market competitiveness is a matter of accountability not only to operators but also subscribers. For instance, it has been pointed out that NHK should ensure competition and transparency in content procurement, as this is directly linked to
how it spends its subscription fees.
46
5.3 Special Provisions for the Tokyo Olympic and Paralympic
Games
Item 3 of the Approval Conditions regarding MIC’s approval is related to “messages conﬁrming subscriptions” in the context of continuous simultaneous transmission. According to the Draft Implementation Standards, a sufﬁciently large text message
to avoid harming the subscription fee system will be displayed on-screen for those
45
From the MIC, “The Ministry of Internal Affairs and Communications’ Response to the Results
of the Japan Broadcasting Corporation’s review of ‘The Ministry of Internal Affairs and Commu-
nications’ Basic Approach to Handling the Applications for Approval of Proposed Changes to
the Implementation of Operations Conducted Over the Internet’ and the Results of the Call for
Opinions” (23 December 2019).
46
The author has also made this point. Hayashi (2019), p. 58.

26
whose subscriptions cannot be conﬁrmed, and they will not be able to use the “missed
programs” service.
47
It stands to reason that NHK takes this measure. If those who did
not subscribe (or did not pay subscription fees) are able to view the same programs
online as subscribers, it would be “free viewing” of broadcast programs, which
would undermine the purpose of the subscription fee system. Nevertheless, the Draft
Implementation Standards stated that the display of messages for the simultaneous
transmission of live coverage of the Tokyo Olympic and Paralympic Games and
related programs would be removed. This is an issue from the standpoint of fairly
sharing subscription fees.
On this point, the MIC’s results stated that:
although it cannot be said that removing the display of messages from the simultaneous trans-
mission of live coverage of the Tokyo Olympic and Paralympic Games and related programs
is inappropriate in light of the purpose of the subscription fee system, the scope of such
related programs should be clariﬁed in the implementation plans, while giving consideration
to the purpose of the subscription fee system and its impact on market competition.
Indeed, it may be difﬁcult to conclude that the system itself is inappropriate given the
approval criteria, which is “not inappropriate in light of the purpose (of the subscrip-
tion fee system)” (Article 20, paragraph (3), item (x) of the Broadcasting Act).
Nevertheless, it goes without saying that the Tokyo Olympic and Paralympic Games
are once-in-a-century events. Even if the range of programs is limited, allowing those
whose subscriptions are not conﬁrmed to watch these programs without the relevant
message on-screen may provoke a sense of unfairness in those who have diligently
paid their subscription fees.
It is true that the Tokyo Olympic and Paralympic Games will only be held for a
limited period of approximately one month, and as they are once-in-a-century events, there are good reasons for public broadcasting to allow all citizens to view them irrespective of whether they are paid subscribers. The MIC has stated in this regard
that “[there is a need for] implementing measures to hide messages during the live coverage of the Games and related programs that have a certain social signiﬁcance, to meet the expectations of the public, viewers, and foreigners visiting Japan during
the Games.” However, although the estimated paid-subscription rate of nationwide household TV remained at 81.2% (FY2018), there seems to be an underlying sense
of inequity toward non-subscribers with respect to the burden of subscription fees. Can such a deep-seated sense of inequity be eased by “expectations of the public and viewers?”
48
It may also be true that not displaying on-screen messages is a measure
to meet the expectations of foreign visitors during the events. However, as the MIC acknowledged, what is being questioned here is the purpose of the subscription fee system, and whether or not it is a measure that meets foreign visitors’ expectations is
not relevant to the system. As properly pointed out by the NAB, if these messages are
47
“Missed programs” refers to the on-demand provision of previously broadcasted programs on
general and educational television for up to seven days after their broadcast date.
48
Japan Broadcasting Corporation, “Estimated Household TV Subscription fee Payment Rates as
of the End of FY2018 (Nationwide and by Prefecture),” (May 28, 2019). This document can be
obtained from the Association’s website at https://www.nhk.or.jp/.

The Concept of “Communications” and “Broadcasting” … 27
not displayed in broadcast programs of high interest to the public and viewers, such
as the Tokyo Olympic Games, the principle of fairness will be called into question,
and the foundations of public broadcasting may be threatened.
5.4 The Scale of Continuous Simultaneous Transmission
The MIC decided whether to approve changes to the Implementation Standards after examining them under the Broadcasting Act, from the perspectives of whether they
contribute to achieving NHK’s objectives as a public broadcaster and whether they are appropriate in light of the purpose of the subscription fee system. However, the most important factor in the MIC’s examination is the scale of these operations. The MIC
raised concerns about NHK’s ﬁnancial soundness because of the signiﬁcant increase in its expenditure in the original application for approval. NHK argued that it was due to the additional resources required to operate continuous simultaneous trans-
mission, characterized by its involvement in the unique task of distributing domestic television broadcasts over the Internet.
49
In this regard, the approval of the change in
the Implementation Standards stipulated that the maximum amount will be 2.5% of the subscription revenue, excluding the costs of implementing initiatives related to the Tokyo Olympic Games.
50
In this regard, the MIC stated that, “in addition to the
fact that the upper limit for the cost of implementing the services is appropriately and clearly deﬁned, the upper limit is set to 2.5% of subscription revenue for each ﬁscal year, which we do not consider excessive.” Although there is some debate regarding
the percentage of subscription income that should be used, the ﬁgure of 2.5% of the subscription revenue seems to be a reasonable estimate. However, this ﬁgure is a continuation of the previous (pre-continuous simultaneous transmission) restriction
that was imposed on the total cost of the former Item (ii) Operations (operations related to the provision of broadcast programs to the general public via the Internet, i.e., B2C services). The NHK Management Plan (FY2018–2020) (revised November
2018) expected operating revenues of ¥716.4bn (of which ¥695.4bn will be derived from subscription fees), operating expenditures of ¥737.9bn, and a deﬁcit of ¥21.5bn for FY2020. This is the reason Item 6 of the Approval Conditions was imposed, as
it would mean the full-scale continuous simultaneous transmission would start at a time when NHK would be operating in the red. While NHK stated in 2020 that:
in formulating our budget for 2020, we will implement the planned reduction in subscription
fees from October onward, and we are seriously considering reducing our deﬁcit by reviewing
our existing operations and efﬁciently implementing new operations, including continuous
simultaneous transmission and the distribution of missed programs, as well as operations
related to the Tokyo Games, which we will clarify in our budget and business plans for 2020.
49
MIC, “Ministry of Internal Affairs and Communications’ Basic Approach to Handling the NHK’s
Application for Approval for Proposed Changes to Internet Distribution Standards” (November 8, 2019).
50
In NHK’s budget for FY2019, the subscription fee revenue is ¥703.2 billion, 2.5 percent of which
equates to ¥17.58 billion.

28
It is imperative that these efforts be made visible and easily understood to the public
and subscribers. At present, almost all of NHK’s public information is available on
the NHK website. However, the website itself is highly convoluted, and it is not easy
for subscribers interested in this information to access exactly what they need. This
is another area in which readability needs improving. It would also be advantageous
to see more coverage of NHK’s efforts to reduce its deﬁcit in its own broadcast
programs.
The cap of 2.5% of the subscription revenue could mean, for example, that the cost
of continuous simultaneous transmissions could be higher than expected once the system is fully operational. Rather, it is only natural that some differences will arise
from the original calculations during actual operations. The concern is that an increase in the cost of continuous simultaneous transmission should not be used as an excuse to reduce the expense of public service broadcasting, such as the online transmission
of international broadcasts, the dissemination of disaster-related information, and other information crucial to the safety and security of the general public. This is precisely what NHK should do as a public broadcaster.
In this regard, Article 5 of the Supplementary Provisions clearly stated that in the
event that the budget for 2020 exceeds the cost ceiling, it will be diverted to new oper-
ations within the scope of ¥300 million after a resolution of the NHK Management
Committee. We believe that the decision to allow budget diversion within the ¥300
million limit was made in anticipation of the abovementioned concerns. However, as
diverting budgets is never desirable from the standpoint of accounting transparency,
Item 11 of the Approval Conditions required that the costs of the new resources shall
be published with a statement of these costs in a form compatible with the schedule
of costs prescribed in the implementation regulations in the event of budgetary diver-
sions. Item 12 of the Approval Conditions similarly sets out the manner in which
costs are to be distributed.
The clarity and suitability of cost allocations are speciﬁcally requested in two
items of the Approval Conditions based on the following reasons. In addition to the nature of operations conducted over the Internet in the past, a continuous simulta-
neous transaction in principle simultaneously distributes all broadcast programs of domestic television broadcasting (terrestrial wave), which are produced by NHK by investing plenty of its resources (ﬁnancing via subscription fees, staff, etc.). Further-
more, a continuous simultaneous transaction aims to provide the same functions as broadcasting during their implementation, such as distributing regional broad- cast programs alongside regional restrictions, two audio channels, and subtitles. It is
also characterized by additional tasks such as “certiﬁcation” to prevent the subscrip- tion fee system from becoming obsolete and unique tasks such as “covering up”
the online transmission of domestic television broadcasting. Although a continuous simultaneous transaction is conducted on an optional basis as a “complement to broadcasting,” NHK attaches great importance to it because it ensures the same
content and quality of service as domestic television broadcasting.
51
Thus, constant
51
In television broadcasting, when speciﬁc programs are distributed over the Internet, a portion of
the program may be switched to still images due to license issues. This is commonly referred to

The Concept of “Communications” and “Broadcasting” … 29
simultaneous transmission is an operation where expenditure is likely to increase
further due to the new operational tasks required. This is because the nature of the
work (e.g., delivery time, duration) and the way in which it is carried out (e.g., mode
of provision, type of system) are likely to become more complex in the future, making
it a challenge to apportion the costs appropriately and clearly.
6 Outlook
Since fall 2020, the ﬁve key commercial broadcasters followed NHK’s lead and began simultaneous transmission of TV programs over the Internet at the same time as the programs are broadcasted. If NHK and key commercial broadcasters begin
continuous broadcasting simultaneously at all times, the trend of continuous simulta- neous transmission throughout the broadcasting industry will be accelerated. In this case, it is expected that the debate on legislation on the convergence of telecommu-
nications and broadcasting will be rekindled. NHK, which is supported by the public through subscription fees, has a completely different business model from that of
commercial broadcasters, which rely mainly on advertising income from sponsors and have to operate as private enterprises. How NHK and commercial broadcasters establish a new dual system for continuous simultaneous transmission will be the
subject of consideration going forward.
7 Funding Details
This article is part of the research results of a 2018 grant from the Hoso Bunka Foundation (Grant proposal title: “Regionalism and broadcasting systems as ‘public spheres’ of broadcasting”).
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Award of SCDMP.

Japan’s Broadcasting System
from the Perspective of Its Demographics
in 2040
George Shishido
1 Introduction
By 2040, Japan’s population will be in a precipitous decline, and its elderly population
is expected to peak. There is a conspicuous movement to backcast from this point to
reexamine the issues faced by Japanese society and local communities, and discuss
the means of their resolution.
These population projections and the related policy trends should not be viewed
as
unrelated to broadcasting; they have the power to impact the very foundations
of broadcasting as a keystone of society. For example, a declining population is
directly linked to a decline in viewership and advertising revenues for commercial
broadcasting; the aging of society amidst a trend in which the younger generation
is “turning away from television” could lead to a relative decline in the role and
importance of broadcasting. Changes in local administration resulting from depop-
ulation may lead to the transformation of broadcasters’ obligation to maintain “uni-
versality” and the subjects of their reporting under the Dissemination Plan for Basic
Broadcasting.
Therefore, this chapter (1) summarizes the projected demographic changes in
Japan
in 2040 and the government’s ongoing studies of these changes, (2) envisages
the impact of these changes on the broadcasting business (and speciﬁcally, regarding
terrestrial television broadcasting), (3) considers the relationship between various
measures that have been examined by the hˉosˉo o meguru sho kadai ni kansuru
kentˉokai [Study Group on the Various Issues Surrounding Broadcasting] (here-
inafter termed as the “Issues Study Group”), under the leadership of the Ministry of
Internal Affairs and Communications (MIC) (4) considers several points of Japan’s
G. Shishido ( B)
The Graduate Schools for Law and Politics, The University of Tokyo, Tokyo, Japan
e-mail: [email protected]
© The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2022
H.
Mitomo and M. Kimura (eds.), Broadcasting in Japan, Advances in Information
and Communication Research 5, https://doi.org/10.1007/978-981-19-4699-8_2
33

34
broadcasting policy that should be reviewed, (5) discusses the issues of the broad-
casting business, and (6) considers the points that should be taken into account by
broadcasters regarding the future of their business.
2 Japanese Demographics Projections for 2040
2.1 Trends in Local Government System Policy
The Local Government System Research Council is a council established by the Cabinet Ofﬁce (CAO) to study and deliberate on important matters concerning the
local government system (Act 2 for the Establishment of the Local Government System Research Council). The 32nd Local Government System Research Council, established in July 2018, was charged with “investigating and deliberating the coop-
erative relationship between local government bodies within regions, and the optimal mix of public, joint, and private services together with other necessary local govern- ment systems from the perspective of responding to various issues that will emerge
by 2040 as a result of the worsening population decline and the peak of the elderly population”; its subcommittee thoroughly examined this issue and published a ﬁnal report on June 26, 2020.
The attention of local government ofﬁcials was drawn to the activities of the “Study
Group for Designing the 2040 Local Government Strategy,” established by the MIC prior to this consultation. Backcasting from population estimates, the study group
identiﬁed the following major domestic policy issues that will become evident from 2040 onward: (1) The Tokyo Metropolitan area population will grow older while absorbing young people from surrounding regions; consequently, provincial areas
will lose their support base; (2) employment and education will become dysfunctional with the disappearance of conventional life planning; and (3) spongiﬁcation over the
years will result in infrastructure decay. As prescriptions for ensuring the continuation of local government services within this context, the study group made proposals incorporating the following: (a) a shift to smart municipalities, (b) the optimal mix
of public, joint, and private services, (c) ﬂexible regional management and a two-tier prefecture/municipality system, and (d) a platform for the Tokyo metropolitan area.
Speciﬁcally, (c) calls for moving beyond the existing framework of cooperation
between municipalities and supplementation at the prefectural level, such as the self- support settlement region framework and core regional urban areas concept, breaking away from the current system of local administration in which each municipality
provides a full set of administrative services; the study group also advocated for the standardization of administration by “region,” as well as for ﬂexibility in the two-tier prefecture/municipality system (Fig.
1).
1
1
MIC (2018a, 2018b).

Japan’s Broadcasting System from the Perspective … 35
Prefecture X (Current) Prefecture X (Future)
The overall number of services and sites that can be maintained in urban areas will
decrease.
Each region should have a distinct administration.
Incorporate regions into this system.
Prefecture X Prefecture X
Two-tier prefecture/
municipality system
flexibility
Personnel
utilization
ACT
ACT
A city
A city
B
city
C
town
D
town
E
village
F
city
G
town
P
town
Q
town
R
village
S
town
T
village
T
village
S city
R
village
Q town
P town
B
city
C
town
D
town
E
village
F
city
G
town
Supplement
Fig. 1
areas.
(MIC, 2018b)
This “regional concept” has been strongly opposed by municipalities, the basic
unit of local government. For this reason, the Local Government System Research
Council’s deliberations did not focus on legislating “regions” but instead on identi-
fying future issues for local administration through a series of meticulous hearings
and ﬁeld surveys.
2.2 Issues for Japanese Society that Will Become Apparent
from Around 2040
According to the National Institute of Population and Social Security Research’s
“Population Projection for Japan (2017),” which formed the basis of the Local
Government System Research Council’s deliberations, the population will continue
to decline and age at an accelerating rate. The elderly population is expected to peak
by 2040, when the baby-boom junior generation, that is, those born between 1971
and 1974, becomes elderly.
2
Speciﬁcally, as compared to the current data, it is esti-
mated that the juvenile population (aged 0–14) will be less than half by 2040, while
the working-age population (aged 15–64) will decline at an increasing rate as the
baby-boom junior generation grows elderly. Moreover, within the elderly population
(those aged 65 and over), the proportion of people aged 75 and over will increase
rapidly until 2025, and the changes thereafter will be gradual. On the other hand,
the population aged 85 and over, the group most in need of nursing care, will double
2
CAO (2019).

36
from 2015 to reach more than 10 million in 2040, matching the size of the juvenile
population.
The challenges posed by these demographic changes include the following: (1)
decreased demand due to a declining population, (2) changes in the educational environment due to the declining youth population, (3) worsening labor shortages due
to the declining working-age population, and (4) the development of an environment
in which health and nursing care can be provided locally in response to the increasing
elderly population. It has been further pointed out that infrastructures such as schools,
roads, and water systems that were built during the era of high economic growth
(1955–1973) are deteriorating and will be increasingly in need of renovation.
In addition to these national trends, it is important to note that the manner in which
these changes and issues will manifest across different regions will make policy responses more complex. Speciﬁcally, the population aged 15–74 (A) is expected
to decline, and the population aged 75 and over (B) is expected to increase sharply, accounting for the majority of the total population; however, it is easy to infer from the population estimates alone that issues will manifest in different ways, that is,
in some urban areas, population A will increase while population B will increase sharply; in some municipalities, population A will decline sharply, and population B
will increase sharply; additionally, municipalities in which both populations A and B will decrease sharply will be threatened with extinction. Moreover, if we consider factors such as the size, industries, and culture of each region, it becomes clear that
it will be impossible to respond to the changes and issues that become evident by 2040 through uniform national policy.
2.3 The Local Government System from 2040 Onward
On the basis of the points above, the interim report of the Local Government System Research Council calls for local governments to use “population projections by
region” (projection data by region) as a basis for discussion, foresees how changes and issues will manifest in each region, and chooses required responses by adopting a long-term perspective amid resource constraints. The interim report goes on to
propose that local governments create a networked society rooted in new technolo- gies to resolve these issues, including collaborating with a range of entities and sharing roles that extend beyond regional and organizational boundaries. Speciﬁ-
cally, they proposed broad cooperation between regions, solving problems through an optimal mix of public, joint, and private sectors, reviewing methods of infrastructure
management and digitizing public administration through Society 5.0.
Following these discussions, the subcommittee compiled a “General Summary of
Issues (Draft)” in April 2020 that indicated a speciﬁc direction for cross-regional
cooperation through collaboration and cooperation between local public bodies,
cross-organization collaboration through cooperation with local cooperative orga-
nizations, and responses utilizing technology through the digitization of public
administration. This was adopted unchanged by the 32nd Local Government System

Japan’s Broadcasting System from the Perspective … 37
Research Council in its “Report on the Local Government System Required to
Respond to the Various Issues Emerging Before 2040” (CAO, 2020).
3 Impact on the Broadcasting Business
The issues that will become apparent by 2040 and the policy trends pertaining to
them, as outlined above, are expected to have a major impact on the broadcasting
business, as they will affect all aspects of Japanese society and its administrative
systems. I consolidate these into the following four points:
3.1 Changes in Population Structure
First, the nationwide decline in population, societal aging, and the reduced birth rate will lead to a decline in demand and GDP. This will have a major impact on the
business environment for commercial broadcasting since advertising revenue is its main source of revenue. According to the National Institute of Population and Social Security Research,
3
Japan’s total population, which stood at 127.09 million in 2015,
when estimated with a low birth rate, will decline to 108.33 million—in other words, Japan’s population will be approximately 85.23% of the current population by 2040. Operating revenue from terrestrial television broadcasting, which was 2.1668 trillion
yen in 2015, will fall to 1.8468 trillion yen in 2040 when simply multiplied by the rate of population decline.
Additionally, the projected decline in the number of households and the increase
in the proportion of single-person households in Japan are expected to signiﬁcantly impact the broadcasting industry. Between 2015 and 2040, the total number of house- holds is estimated to fall from 53.33 million to 50.76 million, of which the proportion
of single-person households is estimated to increase from 34.5 to 39.3%; the propor- tion of elderly single-person households is estimated to increase from 11.7 to 17.7%. There is concern that this change in the household composition will lead to a decline
in the number of households that own television sets, which will, in turn, lead to a decline in the value of television broadcast media and the value of television as a medium.
3
Materials submitted by the National Institute of Population and Social Security Research to
the Second Technical Subcommittee of the 32nd Local Government System Research Council
(September 12, 2018).

38 G. Shishido
3.2 The Transformation of Local Communities
Terrestrial broadcast areas are based on the prefectural areas, and their population
is a major factor in determining the overall scale of sales in a local station area.
According to the data from the National Institute of Population and Social Security
Research referenced above, the estimated prefecture populations show a decline
across the board by 2040, with the exception of Tokyo, which will see a slight
increase as compared to the data in 2015. In the prefectures in the Tohoku region,
with the exception of Miyagi prefecture, the populations are expected to decline to
less than 70% of their 2015 levels, making the deterioration of business for local
stations resulting from the contraction of the broadcast advertising market inevitable
(Fig. 2).
The same data shows that the proportion of the population residing in the prefec-
tural
capitals will increase in each prefecture. This is expected to impact advertising
and program production in local areas as well.
Additionally, the manner in which municipalities cooperate with each other within
re
gions, the manner in which prefectures supplement municipal administration, and
TOKYO
AKITA
Nationwide=83.7
Fig. 2 Estimated prefecture populations in 2045. Source Materials submitted by the National Insti-
tute of Population and Social Security Research at the Second Technical Subcommittee of the 32nd
Local Government System Research Council (September 12, 2018)

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concesionario del teatro Español, el sabio doctor Madrazo, por la
baratura del precio en las localidades.
Yo creo que el Ayuntamiento debiera agradecer el desinterés del
señor Madrazo y congratularse de que un teatro municipal sea, por
fin, un teatro popular, por sus precios, al alcance de las clases
menos acomodadas.

¿No es deber del Ayuntamiento procurar por todos los medios el
abaratamiento de las subsistencias? ¿Quieren que el teatro español
sea un teatro aristocrático? Entonces debieron empezar por no
concedérselo al doctor Madrazo, tan conocido por sus ideas
democráticas y republicanas.
Entonces, si un millonario generoso se ofreciera como empresario
del teatro Español para obsequiar al público con funciones gratuitas,
¿no se le concedería el teatro?
Además, ¿cree el Ayuntamiento que es el precio de las localidades lo
que da ó quita al teatro el decoro debido á sus prestigios?
No es al precio, sino á la calidad del espectáculo á lo que debiera
atender el Ayuntamiento.
Bien está á peseta el chocolate de á peseta. El Ayuntamiento, en
este caso, al contrario que en el sabido cuento, lo pide más caro,
sabiendo que peor es imposible.

XI
Dice una antigua canción inglesa, parafraseada por Dante Gabriel
Rossetti: «El mar no tiene más rey que Dios».
Los archimillonarios, reyes del mundo, pasajeros del Titanic,
navegaban sobre el mar con toda confianza, seguros de haberle
vencido. En un palacio, fortaleza flotante, con la garantía de haber
pagado muchos miles de francos por el pasaje. La travesía, alegre:
fiestas, bailes y músicas y amoríos viajeros de esos que no
comprometen á nada. ¿Naufragar? ¿Hundirse? ¿Quién pensaba en
eso? El barco poderoso, con toda su fuerza, con todas sus
seguridades, era, en medio del mar, como un símbolo de un Estado
social capitalista, defendido por cañones y escuadras pagados á
buen precio, como el pasaje en el transatlántico de lujo.
Algunos de aquellos millonarios, grandes industriales, hombres de
negocios, quizás buscaban en viaje de recreo descanso á sus
preocupaciones, al malestar causado por una huelga obrera en sus
fábricas, en sus industrias. Y las olas del mar les parecían de
mansedumbre; no amenazadoras, como las olas proletarias. Era el
mar un reposo y una caricia. ¿Cómo habían de imaginarse que
pudiera ser el vengador?
Vencieron la huelga de los hambrientos y no contaban con el
hambre vengativa del mar.
Ya no se ofrecen víctimas humanas en sacrificios religiosos. Pero hay
una divinidad justiciera para ordenarlos. Y esta imprevista nivelación

ante el dolor y la muerte es tal vez el único destello de justicia que
resplandece sobre la tierra.
Víctimas expiatorias son estos millonarios. Con su muerte ponen
inquietud sobre la soberbia de los poderosos y paz sobre el odio de
los miserables.
¡También los grandes transatlánticos pueden hundirse en un
momento!
Entre ellos y las pobres embarcaciones veleras, donde van á ganarse
la vida pescadores y marineros de ventura, ya puede haber algo de
simpatía. ¡El mar no tiene más rey que Dios! Más grande y más
fuerte que la tierra, ni siquiera el dinero.
Y el mar no cuenta sus historias con ruinas, epitafios ni
monumentos, como la tierra, vieja comadre, que nos va señalando á
cada paso: «Aquí fué Troya», «Estas son las ruinas de Nínive», «Esta
fué la Acrópolis de Atenas». En la mayor desolación hay siempre
rastros visibles sobre la tierra, efemérides de su historia. En el mar
no hay señales ni vestigios de ruinas ó grandezas. El mar no dice
historias, sólo nos dice: ¡Eternidad!
Por eso en él se templan las almas mejor que en la tierra. Unos
pobres músicos, los últimos tripulantes del barco, sin duda, que tal
vez en el incendio de un teatro, en una catástrofe terrestre, hubieran
sido los primeros en huir y en defender su existencia precaria de
músicos jornaleros, ante el mar se agrandaron como héroes de
epopeya y fué su pobre música destemplada un himno al espíritu: el
salmo religioso en que acepta el Dios de misericordia la música de
valses y rigodones que animó el danzar frívolo de los millonarios
durante la alegre travesía de recreo.

Monsieur Le Bargy, el ex socio de la Comedia Francesa, en reciente
entrevista con el travieso Duende de la Colegiata, ha juzgado con
despectiva frase á los actores italianos.
Al decirle el inquieto duende que los actores italianos ensayan las
obras con mayor prontitud que los franceses, el celebrado actor
hubo de replicar: ¡Así las hacen!
¿Cree el aplaudido intérprete de El marqués de Priola que es tanta la
diferencia y siempre en favor de los actores grandes actrices?
Ni por artistas, individualmente considerados, y por compañías, en
su conjunto, mucho menos, creo, y conmigo el público madrileño,
que la desventaja está de parte de los actores italianos.
Entre los actores franceses los hay excelentes ¡quién lo duda! Pero,
sea por culpa suya ó de los autores que para ellos escriben, lo cierto
es que su trabajo se limita á una especialidad. Ni Sarah, ni la Bartet,
ni la Réjane han interpretado en toda su carrera artística la variedad
de obras y de personajes distintos que nuestra María Guerrero ó
cualquiera de nuestras actrices.
Ahora mismo, en el último retrato de Sarah, intérprete de la obra
Isabel de Inglaterra, vemos á Sarah, la de siempre, vestida... como
Sarah, no como la reina Isabel; peinada... como Sarah... La misma
Sarah que se presentó rubia en Cleopatra y ha sido Sarah
eternamente; como Guitry es Guitry siempre y Mounet Sully es
Mounet Sully en cuantas obras interpreta.
Actor por actor, ni Sarah es la Duse, ni ninguno de los actores
franceses que nos han visitado es comparable á Zacconi, á Novelli, á
Emmanuel, á Ceresa, á Flavio Andó; ni las compañías francesas, la
de Antoine inclusive, han presentado nunca un conjunto como
cualquiera de las compañías italianas.
En arte escénico no hemos podido aprender nada de los franceses;
de los italianos, sí.

Los actores franceses van demasiado poseídos de su superioridad
por esos mundos. Ya es hora de que se vayan desengañando.
Y conste que soy el primero en admirar á los buenos actores
franceses y, entre ellos, á M. Le Bargy, á quien es lástima que el
público madrileño no haya podido admirar como galán joven cuando,
al sustituir á M. Delonnay en la Comedia Francesa, era excelente
intérprete de las comedias de Musset.
Hoy, como primer actor, grand premier sole, habría algunos reparos
que ponerle. Pero no es cosa de complicar la cuestión de Marruecos.

XII
El actor M. Le-Bargy me ruega que inserte en esta sección la
siguiente carta. Así lo hago con sumo gusto y fina voluntad.
«Sr. D. Jacinto Benavente.
Muy señor mío: He tenido ocasión de decir á uno de sus
compañeros que la improvisación en cualquier arte no me
parecía un buen mecanismo de perfección en el trabajo y
que para la mise en scene de una obra dramática prefiero,
á los bruscos procedimientos de los comediantes italianos,
el sistema de los ensayos lentos y minuciosos que han
adoptado los teatros de París. Con tal motivo, se ha lanzado
usted á la guerra como un conquistador y ha declarado que
en la interpretación dramática, París ha sido eclipsado por
Roma.
Las opiniones son libres; mas tengo la costumbre,
respetándolas todas, de no prestar atención sino á aquellas
que se apoyan sobre pruebas ó sobre la autoridad de un
juicio informado, prudente, comprensible. Respeto, pues,
infinitamente su juicio sobre los actores franceses; pero
excusándome de no poder detenerme en esto, pues se
vislumbra en aquél una idea preconcebida de menosprecio,
ó al menos el desconocimiento absoluto del genio de
nuestra raza. Si yo tomase en consideración lo que ha dicho

usted, en particular, de Sarah Bernhardt y de Mounet Sully,
haría, al defender á estos gloriosos artistas, un esfuerzo
más vano sin duda que el que hizo usted al atacarles.
Antes de despedirme os ruego vengáis un día á París:
tendré el honor y el placer de recibirle, enseñarle nuestro
arte dramático en su propio marco y revelarle esos matices
que parecen haber pasado desapercibidos á su fino
discernimiento.
Queda su más atento seguro servidor, q. b. s. m., Ch. Le-
Bargy.»
Conste, en primer término, que mis ideas respecto á los actores
franceses podrán ser equivocadas, pero no preconcebidas, como M.
Le-Bargy asegura.
Contra la opinión de la crítica, en general, juzgué en la temporada
anterior al artista italiano Caravaglia como desdichado intérprete de
Hamlet. Ya ve M. Le-Bargy cómo no siempre es Roma la capital del
Arte. En Italia, por fortuna, el Arte está descentralizado y no es
Roma, ciertamente, la capital artística de mayor importancia.
He sido y soy gran admirador de Sarah, sin desconocer que la Duse
es artista de más sinceridad.
En cuanto á Mounet Sully, cuando tanto dió que reir al público
madrileño, fuí de los pocos defensores que tuvo. No me negará M.
Le-Bargy que el arte de Mounet Sully es un arte sui géneris, y en el
mismo París no todos son admiradores del fogoso artista. Monsieur
Le-Bargy procede con nobleza al defenderle, ya que todos sabemos
que no ha reinado siempre la mejor armonía entre el decano de la
Comedia Francesa y el propio M. Le Bargy.
¿No recuerda el excelente artista—han pasado algunos años,—
durante una representación de Enrique III y su Corte, de Dumas,
padre, una desagradable escena, hors d'œvre, ocurrida entre M. Le-

Bargy y Mounet Sully? Parece ser que Mounet Sully reprendió en
tono algo destemplado á M. Le-Bargy por haberse permitido una
alteración en la mise en scene de la obra. Monsieur Le-Bargy replicó
con la misma viveza y dijo, refiriéndose á Mounet Sully: «Il se
permet bien d'autres».
Ya ve M. Le-Bargy que conozco las intimidades artísticas de los
teatros de París tanto como á sus actores, y que mi juicio podrá ser
equivocado, pero no ligero. Es el de todo el público madrileño, y M.
Le-Bargy sabe que empieza á ser el del americano.
Los actores franceses carecen de sinceridad; son muy especialistas.
¿Puede citarse una actriz francesa que haya interpretado la variedad
de personajes que María Tubau, María Guerrero ó Rosario Pino?
Los actores franceses cuentan por docenas lo que ellos llaman sus
«creaciones»; los actores españoles y los italianos, por cientos. Esta
intensidad en la variedad es tan estimable, por lo menos, como la
intensidad en la unidad. Y para el público, más interesante.
Si alguna vez vuelvo á París, tendré sumo gusto en saludar á M. Le-
Bargy y en atender sus indicaciones; aunque temo no consigan
rectificar mis juicios, ya que, actrices y actores, por dicha suya,
serán los mismos que tuve ocasión de aplaudir, hace treinta años,
cuando fuí á París por primera vez, y los mismos que he vuelto á
celebrar cuantas veces he vuelto. Y los actores ¡ay! no son como el
buen vino: con los años y con los viajes no ganan nada.

XIII
Existen industrias por esos mundos de las que no tenemos aquí la
menor idea. Una de ellas es la cría de mariposas. En Inglaterra, en el
condado de Kent, Mr. Newman ha destinado una granja á esta
novísima producción, recompensada con no despreciables
rendimientos.
En Inglaterra son muchos los coleccionistas de mariposas. Son
muchos también los Museos que tienen por proveedor á míster
Newman. La moda también ha venido á favorecer su industria.
Mesas y veladores se cubren con una tela de seda y sobre ella
mariposas disecadas de varias especies y múltiples colores. Todo ello
se cubre con un cristal y el efecto es muy vistoso, como de bordado
japonés ó chinesco.
Para obtener alguna nueva especie de mariposas es preciso un
procedimiento llamado «azucarar». Para azucarar se emplea una
mezcla de azúcar, melaza, ron, cerveza y jugo de pera. Con esta
mezcla se trazan rayas sobre la corteza de los árboles. Las rayas han
de ser verticales, á un metro del suelo, y han de tener 45
centímetros de largo por dos de ancho. Entrada la noche, las
mariposas acuden á golosear. Las mejores noches de caza son las
noches tormentosas. Cuanto más cerrada la noche, más fructuosa
recolección.
Para la caza hay que proveerse de una cajita, bien mullida de
algodón en rama, y de una linterna: con la linterna se ilumina la raya

azucarada; el cazador acerca la caja, cuya tapa sostiene abierta con
un dedo; el cazador elige su presa, toca ligeramente en la cabeza á
la mariposa, la mariposa cae en la caja, que se cierra de golpe.
Desde allí pasa á las jaulas de cultivo, cuando no es condenada á
inmediata muerte.
Míster Newman posee unas cien mil mariposas. Algunas de ellas,
como la llamada «Rey de la selva» (Purple Emperor), se paga á
cinco y seis francos. Aunque son muchas las pérdidas en tan frágil
mercancía, las ganancias compensan lo suficiente.
Y ¡es una industria tan poética! Aquí no se concibe. Y eso que el
procedimiento de «azucarar» es muy conocido. Es el medio
empleado por los Gobiernos para obtener mayoría en todas las
votaciones. Los caramelos repartidos con profusión en el Parlamento
vienen á ser el símbolo tangible y chupable de otras más apetitosas
golosinas. Todo es «azucarar».
Pero ¿quién ha de criar mariposas aquí, donde es preciso proteger á
los pájaros y donde no quedará dentro de poco animalito con alas,
pájaro, mariposa ó poeta?
Lo raro es no ver cazuelas de mariposas fritas como de pájaros.
Entre la substancia de una mariposa y la de un pájaro... ¡Comida de
ilusión! Por eso tan española, tan madrileña sobre todo. El pájaro
frito viene á ser para los madrileños la gallina que Enrique IV de
Francia deseaba para todo ciudadano francés, como garantía de paz
y de ventura en sus Estados.
En estos de España no pueden pedir los gobernantes más de lo que
asegura un pájaro frito.
Ahora se trata de proteger á los pájaros con detrimento de la
popular alimentación.
El pájaro tiene una leyenda sentimental de beneficioso para la
agricultura.

Yo sé de quien prohibió que se matara ni se hostigara á un solo
pájaro en sus huertas y tierras de labranza, y ¡vaya si notó el
beneficio! De la siembra dieron tan buena cuenta como
administrador en «absentismo» del amo. Y de la fruta... como si se
hubieran propuesto anunciar un remedio contra la obesidad: la
dejaron toda en los huesos.
Por eso digo que lo de beneficiar á la agricultura debe ser leyenda
que han hecho correr los pájaros en combinación con los
naturalistas. Y es que la mayor parte de los naturalistas estudian á
los animales... disecados. Como al pueblo la mayor parte de los
sociólogos. Así hay tantas lamentables equivocaciones al legislar.
Dentro de pocos días tendremos en el teatro de la Comedia una
compañía italiana con el repertorio del Gran Guignol, á imitación del
tan celebrado de París.
Género teatral, á ratos también literario, muy á la moderna. Rápido,
cinematográfico, violento, brutal en ocasiones, se apodera del
espectador por los nervios. ¡La inteligencia y el corazón se defienden
tanto! Los autores dramáticos, atentos á la psicología del público,
han comprendido que el espectador moderno es más atacable por lo
fisiológico. Se impone un teatro rascanervios. Como única emoción,
el espanto; como único razonamiento, la sorpresa; como único
sentimiento, la curiosidad.
El autor se entra por los nervios del espectador como un loco, como
un criminal, como un violador. Le considera como á una mujer
histérica, se impone á él como hipnotizador, como alienista, como
juez de instrucción. Es un teatro para estudiar á los espectadores.
Obtendrá un excelente éxito. Sobre todo con las señoras. ¡A las
mujeres les gusta tanto asustarse en público!
Después, y visto el buen éxito, padeceremos las imitaciones
consiguientes. Y aquí sí que puede decirse como de tantas otras

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Broadcasting In Japan Challenges And Opportunities Hitoshi Mitomo Editor

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