Question from a reader:
I heard that a bill to amend the Whistleblower Protection Act has been approved by the Cabinet. It seems that if someone is dismissed for making an internal report, they could face criminal penalties, but is this limited only to dismissal? The law will take effect next year, but will it be possible to file a criminal
complaint or request an investigation for past incidents after it comes into effect? Also, in cases where there is a possibility of criminal charges, can the organization to which the individual belongs sue the perpetrator, even if it’s not the individual themselves?
Background on the Amendment to the Whistleblower Protection Act
The Whistleblower Protection Act in Japan is a law aimed at protecting individuals who suffer disadvantages for making internal reports. The amendment to this bill includes provisions to strengthen penalties against dismissals and other disadvantages resulting from making internal reports. Notably, it is important that criminal penalties may apply not only to dismissals but also to demotions and workplace bullying. This aims to make whistleblowing a safer action.
Impact of the Amendment and Industry Reactions
The amendment to the Whistleblower Protection Act is particularly significant in the entertainment industry. The entertainment world is a complex environment where power dynamics and conflicts of interest intertwine, and internal reporting could bring issues of misconduct and harassment to light. For example, the recent MeToo movement in Hollywood symbolizes this, with numerous allegations of sexual harassment and misconduct leading to increased legal actions. In response to this international trend, similar movements are expected to accelerate in Japan.
Impact on Past Incidents After Implementation
Although the law will take effect next year, whether it will allow for criminal complaints to be filed regarding past incidents depends on how the law is applied. Generally, when a new law is enacted, it typically applies to cases occurring after its implementation. However, there may be exceptional circumstances where penalties for past actions could be enforced, so it is essential to seek expert opinions on specific cases.
Internal Reporting and Organizational Responsibility
Regarding whether organizations can sue for actions taken against whistleblowers, there are cases where organizations may bear legal responsibility. For instance, if a company retaliates against an employee who has made an internal report, the company itself may be held accountable for that action. Therefore, companies need to implement internal reporting systems and strive to improve the workplace environment.
Cultural Trends in the Entertainment Industry
Cultural trends significantly influence the entertainment industry. Recently, there has been a demand for diversity in content, with talents and creators from various backgrounds gaining support. Consequently, the amendment to the Whistleblower Protection Act is likely to accelerate the trend of companies being required to respect diversity and maintain transparency.
Future Trends and Industry Impact
In the future, the amendment to the Whistleblower Protection Act will likely lead to a more open and transparent environment in the entertainment industry. This will create a setting where talents and staff can express their opinions safely, ultimately resulting in better content. Additionally, an increase in compliance awareness across the industry is anticipated, contributing to the establishment of sustainable business models.
Practical Advice for the Industry
For those involved in the entertainment industry, here are some practical pieces of advice: 1. Understand the internal reporting system: It is crucial to thoroughly understand the internal reporting system of your organization and know what support is available. 2. Value communication: Building good relationships is key to addressing issues smoothly when they arise. 3. Keep an eye on industry trends: By staying informed about domestic and international trends in the entertainment industry, you can leverage this knowledge for your career. 4. Practice ethical behavior: Maintaining ethical behavior in the projects and businesses you are involved in, while ensuring transparency, leads to long-term success.
Conclusion and Practical Takeaways
The amendment to the Whistleblower Protection Act has the potential to bring significant changes to the entertainment industry. As the importance of internal reporting is recognized, a better workplace environment can be established, ultimately leading to healthier content production. As we look toward the future of the industry, it is essential to consider how our actions can impact it and to actively express our opinions. Please take some time to think about this topic and share your thoughts. I would love to hear how you feel or to hear about your experiences.
