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1. Dec. 2004 -- Tokyo high
court rules priesthood to pay compensation to Soka Gakkai |
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Nov. 29, 2004, Tokyo, Japan:
In an appeal trial over distribution of massive numbers
of a libelous leaflets by Nichiren Shoshu (Chief Executive,
Nikken Abe) and two Nichiren Shoshu believers, Kazuo Okusa
and Shuichi Sanuki, Tokyo High Court supported the decision
of a lower court , dismissed the appeal by Shoichi Sanuki,
a Hokkeko member, and ordered him to pay 100 million yen
to the Soka Gakkai as compensation.
In the verdict of a lower court on February 26, 2003,
Judge Toshiaki Iimura recognized the Soka Gakkai?s claims
as valid. The court ordered the priesthood, Okusa, and
Sanuki to collectively pay 1 million yen in damages through
a provisional order of payment and ordered Sanuki to discontinue
distribution of the leaflets and dispose of those remaining.
One of the defendants, Okusa, is head of a group called
Myokanko, a body of Nichiren Shoshu lay members associated
with the Rikyo-bo lodging temple on the grounds of the
head temple, Taiseki-ji. Sanuki is also member of this
group. According to the verdict, Sanuki produced leaflets
that were defamatory to the Soka Gakkai, using photographs
printed in the Gakkai?s periodical Seikyo Graphic without
permission, altering them in a malicious manner, and then
distributing them through a group named ?The Society to
Protect Religion and Ideology? around May, 2001.
In June of the same year, the Soka Gakkai filed a lawsuit
with the Tokyo District Court seeking restitution for
damages and a court order banning distribution of these
leaflets on grounds that they violated copyright laws.
The verdict of the lower court pointed out that the purpose
of these leaflets was malicious misrepresentation and
strictly denounced the defense’s position on the
grounds that ?it is incomprehensible that such usage is
within what is commonly accepted as reasonable bounds,
and it is also incomprehensible that using photographs
in this manner is in accordance with fair practices.?
It was clear acknowledgement that Sanuki?s producing these
leaflets constituted an act of ?violation of copyright?
and ?violation of the personal rights of an author.?
While the Tokyo high court recognized the responsibility
of Shoichi Sanuki, they did not recognize the responsibility
of Nichiren Shoshu (Chief Executive, Nikken Abe) and Kazuo
Okusa. Soka Gakkai decided to appeal this to the Supreme
Court.
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(From Seikyo Shimbun, December
1, 2004)
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