Johnny’s Lawsuit: Matsumoto Hitoshi vs. Bunshun Trial Insights

On January 22, Hitoshi Matsumoto of the comedy duo “Downtown” filed a lawsuit against the publisher Bungei Shunju and the editor-in-chief of “Shukan Bunshun” with the Tokyo District Court, claiming approximately 550 million yen in damages for defamation based on an article in the December 27 issue of “Bunshun” which published testimony from two women claiming they were forced into sexual acts. The editorial department of Shukan Bunshun filed a lawsuit against the publisher, Bungei Shunju Co.

The editorial department of “Shukan Bunshun” stated on the same day

“We have full confidence in the entire series of articles.”

This marks the beginning of a full-fledged legal battle in the courtroom.

How will the trial unfold?

I have attended and covered defamation trials many times before. Defamation trials involve the ‘three defenses’ as a means of balancing freedom of expression and protection against defamation. In summary,

“If an article pertains to facts concerning public interests and is published solely for the purpose of promoting public welfare, and when the disclosed facts are proven to be true, such an act is not deemed illegal, and an unlawful act does not occur.

Furthermore, even if the disclosed facts are not proven to be true, if there is a reasonable ground for the person involved to believe in the truth of those facts, it is appropriate to consider that there is no intent or negligence in their actions, and an unlawful act does not occur.”

This interpretation is well-established.

If the sexual assault issue in the article is proven to have public nature and public interest, the claim for damages will be dismissed and the Bunshun side will win the case.

On the other hand, if the judge determines that the article is not truthful and true, Bunshun will be ordered to pay a certain amount of damages, and Matsumoto’s side will win the case.