Redaction of Taiji Public Records Ruled Illegal

Osaka, 5/17/24: Despite an appeal filed last year by the town of Taiji, the Osaka High Court ruled on May 17, 2024 that the town’s decision to redact its public records is illegal.

This stunning verdict represents a huge victory for cetacean activists worldwide, as critical information regarding the drive hunts and Taiji’s captive dolphin trade has been previously inaccessible. Over the last 14 years, much misinformation has been circulating, leading to speculations based on false data. Now, with the reveal of this data, a much more factual perspective  can be made, and the legality of these hunts can be properly investigated.

“This Osaka High Court’s decision is a landmark precedent in that it strictly interpreted the requirements for nondisclosure on the grounds of the interests of businesses that deal with public entities, and placed a heavy burden of proof on the administrative side to allow such nondisclosure.” ~ Takashi Takano, attorney for Dolphin Project and Life Investigation Agency

Heavily redacted documentation pertaining to the handling of cetaceans, Taiji, Japan. Credit: LIA

Background

In September 2021, Ren Yabuki, Director of Life Investigation Agency in conjunction with Dolphin Project, filed a lawsuit against the town of Taiji over the redaction of information from public documents related to the handling of cetaceans. These included: sales contracts, invoices, export documents, and inventories for live cetaceans. On September 29, 2023, Wakayama District Court Judge Ayako Takahashi ruled that the decision made by the town of Taiji not to disclose information relating to the dolphin drive hunts was deemed illegal. The town objected, stating that if this information was to be made public, it would infringe upon their reputation, and suggest that the town is profiting unfairly from the sale of cetaceans. Predictably, they launched an appeal.

A slaughtered pilot whale is tethered by its flukes in the Cove, Taiji, Japan. Credit: LIA/DolphinProject.com

“Japanese activists have been working for many years to learn about the dolphin drive hunts. They have been diligent to clear up rumors with actual facts, and this ruling will allow them to present evidence-based statements about the cruelty of these hunts to their fellow citizens in Japan.” ~ Tim Burns, Dolphin Project

What is striking about this ruling is that in order for public documents to be non disclosed, they must be deemed harmful to the interests of other businesses. However, it was the opinion of the High Court that even if official documents and photographs obtained by Life Investigation Agency were made public, there was no guarantee that the town of Taiji would be judged to be unfairly profiting from the use of dolphins. The town’s appeal was based on wanting to ensure the safety of the hunters, whom had allegedly received death threats against themselves and their families. But according to the High Court, while there was a possibility such a thing would happen, there was no certainty that it would. Ultimately, Taiji did not fall under the ordinance to keep public documents private.

“The official documents and business materials of administrative agencies, which are funded by taxpayers’ money, should be widely disclosed to the public so that taxpayers can prevent administrative runaway and inappropriate administrative operations, and at the same time, monitor the content of administrative agency operations. We hope that the town of Taiji will take the decision of the Wakayama District Court and the ruling of the Osaka High Court seriously and be reborn as a legitimate administrative agency.” ~ Ren Yabuki, Life Investigation Agency

Filing lawsuits and seeing them through appeals is costly, but we believe this is the best way to help ensure the hunters are held accountable for their actions. While documenting and exposing the hunts are important, exploring all legal avenues is crucial to help bring these hunts to an end. Now more than ever, we need to keep the pressure on Taiji and we need your support to continue our work. Captive sales are down, as are the number of dolphins slaughtered. Your donation will help Dolphin Project continue to fight for a permanent end to Taiji’s barbaric cruelty against dolphins, and help us to continue to support Life Investigation Agency in their legal battles, along with other Japanese citizens and organizations fighting against the dolphin drive hunts.

PLEASE SUPPORT THE LEGAL INITIATIVES IN JAPAN BY DONATING TODAY

Featured image: Wild-caught bottlenose dolphin being shipped to an aquarium for public display, Taiji, Japan. Credit: DolphinProject.com