During a parliamentary session on November 26, 2025, Japanese Prime Minister Sanae Takaichi announced that her Liberal Democratic Party (LDP) government would soon consider drafting new legislation aimed at “spy prevention.” While the government framed the initiative as a measure to strengthen national security, critics have raised concerns that such a law could threaten free speech, media freedom, and the protection of whistleblowers. The LDP’s history of anti-espionage proposals adds to these apprehensions, reflecting a pattern of legislative efforts with potentially broad and punitive definitions of espionage-related offenses.
The LDP previously introduced an anti-espionage bill in 1985 titled “Preventing Espionage and Other Acts Concerning State Secrets,” which was ultimately abandoned following strong opposition. Legal organizations, including the Japan Federation of Bar Associations, criticized the bill for its overly broad definitions of “state secrets” and other terms, as well as for permitting severe penalties such as the death penalty. In 2013, the LDP passed the Act on the Protection of Specially Designated Secrets, reclassifying certain defense, diplomatic, and terrorism-related information as “special secrets” and increasing penalties for their disclosure.
Proponents of the new legislation argue that the 2013 law is insufficient to prevent and punish espionage effectively. Takaichi’s announcement follows increased collaboration between the LDP and other conservative opposition parties to revive anti-spying measures. In October 2025, a coalition agreement with the Japan Innovation Party pledged new “spy prevention” legislation, while other opposition parties, including Sanseito and the Democratic Party for the People, submitted related bills in late November.
Human rights experts stress that any new espionage law must align with international standards, particularly the International Covenant on Civil and Political Rights (ICCPR). The United Nations Human Rights Committee has emphasized that restrictions on freedom of expression must be necessary, proportionate, and clearly defined, and that national security laws should not be used to suppress information of legitimate public interest or to target journalists, human rights defenders, or other observers.
To safeguard fundamental rights, any proposed legislation should explicitly protect those who collect information in the public interest, including whistleblowers, journalists, academics, and activists. Ensuring these protections is essential to maintaining transparency, accountability, and the balance between national security and human rights in Japan.
