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Dec 6, 2017

Top Japan court finds paying NHK broadcast fee "legal obligation"



TOKYO - The Supreme Court said Wednesday television owners in Japan are legally required to sign up with public broadcaster NHK and pay a subscription fee, dismissing a claim that the fee-charging system violates the freedom of contract guaranteed by the Constitution.


The ruling, the first of its kind by the top court, was handed down in a lawsuit filed by NHK against a Tokyo man who refused to respond to NHK's request to seal a contract in September 2011. He owned a television set from March 2006.


The ruling is expected to bring great reassurance to NHK also known as Japan Broadcasting Corp., which has relied on funds as its main source of income and has been struggling with unpaid bills.


At issue is the Broadcasting Law that says any person who has installed equipment capable of receiving NHK broadcasts shall conclude a contract with NHK. But the law does not stipulate that the payment of the so-called broadcast receiving fee is an "obligation," leaving room for some experts to argue its interpretation.


NHK is funded through the fee, which it says should be paid by all residents in Japan, regardless of nationality and of whether or not its programs are watched. But some 20 percent of households, mainly those in major cities, fail to pay the money, according to the broadcaster.


There is no penalty for not paying the fee, which is about 14,000 yen ($124) for receiving terrestrial broadcast when the payment is made annually.


During the trial, the man insisted that the Broadcasting Law stipulation is legally nonbinding and only requires "efforts" to be made to enter into a contract with NHK, and therefore he does not have to pay the fee. He also said forcing him to sign a deal violates the freedom of contract.


NHK argued that making every household and business with a TV set pay the fee equally is reasonable and constitutional in light of the company's role as a public broadcaster.


NHK also said the contract should be perceived as concluded when its written request is delivered to the concerned person and the payment should start from that point.


But the man said the contract should not be deemed as concluded unless the TV owner has given his or her consent.


In the ruling, the top court's Grand Bench judged that the contract should be seen as concluded after NHK wins a lawsuit against a person who has not yet signed up.


The top court ruling follows a 2014 sentence by the Tokyo High Court, which upheld a 2013 Tokyo District Court decision to order the man to seal the contract with NHK and pay about 200,000 yen in broadcast receiving fees.


Facing a rise in the number of people refusing to pay the fee in the wake of NHK-related scandals in 2004, the public broadcaster began taking legal actions to demand payment from 2006.


The ratio of payment fell below 70 percent following the scandals, including embezzlement of production expenses by NHK staff, but it recovered to about 80 percent in fiscal 2016.


Debates about making payment of the fee an obligation have taken place since the 1960s, but the move has not been realized.



© KYODO

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