AI summary
Summary of article:
The Tokyo District Court found that the disclosure of Li Qinfeng’s pre-sex change information without consent by Japanese city councilor Hiromi Muramatsu is a violation of privacy. It awarded damages of 1.1 million yen and sparked discussion on transgender rights and limits on speech.
Japan City councilor of Kofu city in Yamanashi Prefecture, Hiromi Muramatsu, revealed the photos and name of Taiwanese writer Li Kinfeng before changing her gender. The Tokyo District Court determined on the 29th that this was an illegal violation of Li Qinfeng’s privacy and ordered Muramatsu to pay compensation of 1.1 million yen (about US$703).
In 2021, Li Qianfeng won the “Akutagawa Prize”, Japan’s highest honor for pure literature, for his novel “The Island Where Flowers Bloom”.
Kyodo News Chinese website reported that it is rare for a Japanese court to order compensation for the act of “coming out”, in which information such as gender identity is revealed without the person’s consent.
The indictment shows that Li Kinfeng, who was born in Taiwan, changed his gender from male to female before coming to Japan in 2013 and engaged in activities without disclosing to the public. Muramatsu and Li Qianfeng were strangers to each other. In May 2024, she posted on social media Facebook that “she has a male body and has not had any surgery.” Although she later deleted the post, she later posted a new photo and name of Li Qinfeng before changing her gender.
Li Qianfeng filed a lawsuit in the Tokyo District Court on the grounds that Muramatsu had violated privacy, and demanded compensation of 5.5 million yen (about US$35,000).
Muramatsu argued that given that Li Qianfeng is a well-known author, it is necessary to disclose relevant information.
The Tokyo District Court’s decision on the 29th pointed out that the information released by Muramatsu was closely related to biological sex and gender identity, and the need for confidentiality was high, and there was no reasonable reason to disclose it. Furthermore, the Tokyo District Court’s decision also stated that Muramatsu’s practice of deleting posts and then reposting them “cannot be exempted from strong condemnation.”
In this lawsuit, Li Qianfeng’s other request is to prevent Muramatsu from releasing information about Li Qianfeng’s gender. The Tokyo District Court believed that by establishing liability for compensation, some degree of deterrence effect could be expected, so it did not support this appeal.
After the Tokyo District Court’s decision, Li Qinfeng held a press conference and said, “I finally got a victorious verdict and I feel relieved.” His lawyer, Yusuka Tateishi, believed that the verdict sent the message that “disclosing sensitive information is illegal.”
“Although I am relieved, I am not happy or pleased at all. If I were a cisgender woman, I would not have suffered such a loss and there would be no need to file a lawsuit,” Li Qianfeng said at a press conference in Tokyo today, Yamanashi Broadcasting Company (YBS) reported.
Li Qianfeng also said that he did not plan to appeal, but that if Muramatsu appealed, legal action would be taken.
Muramatsu posted a comment in response, “This decision prioritizes the protection of the interests of gender non-disclosure and is harmful to those whose sexual orientation is female. I will continue to fight for the safety of women.”
In an interview with Yamanashi Broadcasting, she said that after receiving the decision documents, she would discuss it with her lawyer and make a decision.
Kyodo News reported that Li Qianfeng had previously filed another lawsuit accusing lawyer Taro Takimoto of publishing a post on the social platform So Li Qianfeng filed a lawsuit and requested the other party to provide compensation. The Tokyo District Court ruled in May this year and ordered Takimoto to pay 220,000 yen. Both sides have appealed.
Summary FAQ
-
The court held that the material it disclosed was closely related to Li Qianfeng’s biological sex and gender identity. This was highly sensitive information and there was no justifiable reason for disclosure. Therefore distributing it without consent is a violation of privacy.
-
Tokyo District Court ordered Hiromi Muramatsu to pay compensation of 1.1 million yen to Li Qinfeng, and pointed out in the judgment that his practice of deleting and re-posting cannot be exempted from strong condemnation, which shows that the court’s attitude is quite clear.
-
Li Qianfeng said that although she was relieved, she still did not feel happy, and said that if she were a cisgender woman, she would not be harmed by it. Muramatsu stressed that she would continue to fight for women’s safety and would consider appealing.
