Summary: Japan has a highly developed Internet infrastructure, with very fast broadband speeds at modest prices.  The Constitution protects free speech and free press, but does not contain a general right to privacy.  Japan has a law protecting personal data and a horizontal ISP safe harbor.  Industry practices have respected net neutrality. 

Internet freedoms:

(1) Free speech 

Article 19 of the Constitution states: "Freedom of thought and conscience shall not be violated." Article 22 further states: "Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed. No censorship shall be maintained, nor shall the secrecy of any means of communication be violated." [Japanese text] [English text]

Japan has taken a permissive approach to online content, perhaps influenced by its desire to avoid the kind of censorship that occurred during and prior to World War II.  Although the Criminal Code prohibits "indecent" material, including pornography depicting genitalia, the law has been sporadically enforced.  In 2014, Japan prohibited child pornography, which until then was legal in Japan.  

Japan has criminal and civil defamation laws.  Article 230-1 of the Criminal Code makes it a crime to defame someone in person, irrespective of the truth or falsity of the comments.  However, truth is a defense if the comments relates to the public interest and was made to benefit the public. Article 230-2. 

Japan does not have a hate speech law, but is under pressure to enact one before the 2020 Olympics in Tokyo.  According to a 2014 Economist article, hate speech against Koreans living in Japan has been a problem.   

(2) Privacy 

Japan's Constitution does not recognize a general right to privacy.  Article 35 requires a warrant before law enforcement can conduct searches and seizures. The Personal Information Protection Act (Law No. 57 of 2003) establishes protection for personal information comparable to the EU Data Protection Directive. [English text]

(3) Access 

Japan does not guarantee a legal right to Internet access.  According to 2012 ITU figures, Japan has a 79.1% Internet penetration with 100,684,474 users. 

ISP safe harbors 

Japan's Provider Liability Law establishes a "horizontal" ISP safe harbor providing ISPs immunity from copyright, defamation, and other claims.  The law follows a "notice and takedown" approach requiring ISPs to remove allegedly infringing material unless, within 7 days of sending notice to the alleged infringer, the ISP receives a counter-notice from the alleged infringer disputing the claim.

Net Neutrality 

Japan's Ministry of Internal Affairs and Communications (MIC) worked in conjunction with telecommunications providers to establish industry guidelines for net neutrality.  The guidelines recognize three principles: (1) ISPs should deal with traffic surges by increasing network capacity; (2) altering Internet traffic speeds should be allowed only in exceptional situations and (3) be justified by objective criteria.