The State Secrecy Law, officially the Act on the Protection of Specially Designated Secrets (SDS) (特定秘密の保護に関する法律, Tokutei Himitsu no Hogo ni kansuru Hōritsu), Act No. 108 of 2013, is a law in Japan allowing the government to designate defense and other sensitive information as "special secrets" that are protected from public disclosure.^[1]

Prior to the passage of the SSL, incidents where espionage cases involving hostile foreign intelligence agencies were handled through use of other laws such as the Passport or SDF Law.^[2]

An attempt was made to pass an anti-espionage law during the administration of Yasuhiro Nakasone in 1985.^[3][4] Concerns were raised on how whether human rights will be violated and whether there is a balance between public interest and the necessity of protecting state secrets.^[5] No law was passed due to reminders of what the Kempeitai have done in World War II.^[6][7]

Proposed by the second Abe cabinet, the law was approved by the Security Council on October 25, 2013,^[8][9][10] then was submitted to the National Diet, before being approved there as well on December 6 the same year.^[11][12] The law was promulgated on December 13, 2013, and came into force one year later.^[13]

On December 24, 2022, the JMSDF Criminal Investigation Command (CIC) investigated the first breach of the SSL after a captain was charged for leaking classified information.^[14][15] Among the information that was illegally disclosed included intelligence acquired by American military forces to a former JMSDF admiral, who said that classified information should not be disclosed to him.^[16]

Captain Takashi Inoue was dismissed from the JMSDF.^[17] At the time of his dismissal, Captain Inoue was posted at the JMSDF Command and Staff College.^[18]

On January 19, 2023, the leaks reported included information on Chinese ships in Japanese territorial waters.^[19]

The Japanese secrecy law covers defense, diplomacy, public safety and counter-terrorism.^[20] In addition, it allows the government to lock away government documents for 60 years. Civil servants leaking information can expect ten years incarceration while journalists and other civilians helping them would get five years.^[21][20]

About 80% of the Japanese population had opposed the law.^[25] Reporters Without Borders called the law "an unprecedented threat to freedom of information".^[20] Critics claim that the law is vague on what constitutes a "state secret" and represents a return to pre-WW II militarism when the Peace Preservation Act was used to stifle political opposition.^[20] They also contend that the law undermines basic democratic freedom and makes the administration "the judge, jury, and enforcer" in the matter.^[26] There have also been claims that the law has led to an "increase in self-control and even self-censorship in the reporting of issues that do not correspond to the government’s political direction."^[27]

The law was hailed by the American ambassador, Caroline Kennedy, and was seen as a victory for the United States government that had pressured Shinzo Abe and his government to control classified information more tightly.^[21] In the decades before, the 1952 Special Criminal Act and the 1954 United States Mutual Security Act Secrets Protection Law protected military equipment that the U. S. provided for Japan.^[25] With the "War on Terror" and the challenges by China and North Korea and a number of events where military security was breached by Japan, it was argued that the government established the law to strengthen its relationship in the context of its partnership with the United States.^[25]

In a 2016 assessment of the impact of the law, Aditi Razdan indicated that while the law may have a chilling effect on the media, the extent of this is difficult to measure, as "[w]hen a state secret itself is not defined, it is nearly impossible to determine what media outlets can no longer report on."^[26] In the annual ranking of global press freedom Reporters Without Borders lowered Japan from the 11th place in 2010 to the 72nd place in 2016 because of the law about "state secrets".^[28]

• Alien and Sedition Acts in the United States