Japanese journalist Shiori Ito, who directed an Academy Award-nominated documentary detailing her own sexual assault, is facing further pain from theaters in her homeland that are refusing to screen her film due to legal concerns.
Ito’s former lawyer and others who represented her in the high-profile case have said the 35-year-old broke a pledge to protect sources by using unauthorized security footage and audio in her film “Black Box Diaries” — criticizing her for not getting approval from the parties involved to use the content.
In direct conflict with lawyer Yoko Nishihiro, Ito contends that including security footage of her being dragged into a hotel by her assailant in the film about her rape and its aftermath speaks to the public interest, outweighing other concerns.
She also insists audio recordings in the film of a police detective who spoke frankly with Ito about her criminal case’s poor prospects of success, had been altered to protect privacy.
The film is a documentary based on Ito’s investigative reporting that examines her 2015 rape allegedly perpetrated by Noriyuki Yamaguchi, the then Washington Bureau chief of television station Tokyo Broadcasting System Inc, commonly known as TBS.
It documents the process of Ito investigating and prosecuting the case against Yamaguchi, depicting what happened to her as a “conspiracy” and even a “cover-up” that stunned the nation as she became the symbol of Japan’s #MeToo movement.”There will be no one to provide information or testify in the cases of sexual assaults, which is difficult to prove,” Nishihiro said, adding that the problem of getting approval from sources to use such materials should be resolved before releasing it to the public.
Nishihiro’s representative, lawyer Katsuhiko Tsukuda, suggests releasing the video footage will not eliminate sexual assaults, saying, “On the contrary, it will destroy the possibility of remedying the harm. There is no public benefit.”
“For the film to be released in Japan, it should be edited so that it does not use footage from the hotel and does not include audio of the police officer,” Tsukuda added.
However, Hiroyoshi Sunakawa, a professor of media theory at Rikkyo University, said unauthorized use of images is “permissible in the pursuit of the truth” in some cases.
“In the case of sexual violence occurring behind closed doors, I think this may be the case,” he said.
“The role of journalism is to raise awareness about social issues to the world,” Sunakawa added. He expressed concern that if the film is not released in Japan, “it probably will only make the perpetrators (of sexual assaults) happy.”
There are no plans thus far to screen the film in Japan.
“Freedom of expression is also important for the recipients of information,” Sunakawa said. “What Ms Ito wanted to appeal to is how sexual violence hurts people, and how difficult it is to bring it to the public’s attention.”
In September 2017, Ito filed a civil lawsuit against Yamaguchi seeking compensation for damages. Both the first and second trial courts found there had been sexual intercourse without consent, and the Supreme Court upheld and finalized the ruling in July 2022.
In October 2017, Ito published a book titled “Black Box” in which she recounts the experience of her sexual trauma.
In a recent interview with Kyodo News, Ito spoke about the reasons behind producing, writing and directing the film, which she began working on from the time of the incident.
“I faced the trauma of being subjected to sexual violence, exposed myself, and expressed the world as seen through the eyes of a victim,” she said. “I produced this film with determination, convinced that it is both of a public nature and in the public interest.”
“What I wanted to convey was not the sexual assault itself, but what happened afterward. I feel that the situation in which it cannot be shown in Japan at this time is a part of what the film is about.”
She explained that when the police would not act on her behalf and she was told to “give up,” and when the accused was not arrested, “I was afraid that I would be swallowed up by a great, invisible force.” But in some respects, her proactive work of documenting the case helped her to preserve her sense of self, she added.
As a victim, she wanted to know the truth, understanding that what happened to her could happen to anyone. The work, she said, was centered on this sincere feeling. By 2022, Ito had shot some 400 hours of film. Editing was difficult.
“I had to put everything on the table, including things I didn’t want to see, and be objective about it,” she said.
However, with the film now gaining exposure to viewers abroad, she said, “It isn’t just my story anymore. I was happy to see that it has the power to encourage others. People in Japan are who I really want to see it the most. It is natural that there will be criticism and debate, but I want people to see it first.”
