Shiori Ito: Japan's MeToo icon is up for an Oscar - but the film can't air in the country - Voice of Asia

When Japanese journalist Shiori Ito decided to publicly disclose her rape allegations, she was acutely aware that she was confronting a society more inclined towards silence. In the opening of her Oscar-nominated documentary, "Black Box Diaries," Ito states, "I'm very scared... but I just want to tell the truth," emphasizing the courage it took to break the silence.

After accusing prominent journalist Noriyuki Yamaguchi of rape, Shiori Ito became a leading figure in Japan's #MeToo movement. This critically acclaimed directorial debut, adapted from her memoir of the same name, chronicles her pursuit of justice after authorities deemed the evidence insufficient to pursue criminal charges, highlighting her determination to seek accountability.

However, the documentary has not yet been released in Japan and has sparked considerable controversy locally. Her former lawyers have accused her of using audio and video footage without permission, which they argue violates trust and puts her sources at risk, raising questions about journalistic ethics. Ito counters that everything she did was necessary for the "public interest," defending her choices in the face of criticism.

The incident caused a sensation in Japan. Shiori, then only 28 years old, chose to make her accusations public despite her family's requests for silence, demonstrating her unwavering resolve. After her public allegations failed to lead to a criminal case, she filed a civil lawsuit against Yamaguchi and won $30,000 (£22,917) in damages, marking a significant legal victory.

Ito told the BBC that making the film involved "revisiting her trauma": "It took me four years [to make this film] because I was struggling emotionally," illustrating the personal toll the process took. In 2015, she was an intern at Reuters when she said Yamaguchi invited her to discuss job opportunities. Yamaguchi was the Washington bureau chief for Tokyo Broadcasting System, a major Japanese media company, adding context to their professional relationship.

Ito claims that she was raped after having dinner with Yamaguchi in Tokyo, but Yamaguchi has consistently denied these allegations, maintaining his innocence. CCTV footage shows an intoxicated Ito being dragged from a taxi into a hotel, footage that is part of the 400-plus hours of material she edited for the documentary, providing visual evidence of the events.

She said the editing process was "very challenging, like hardcore exposure therapy," underscoring the emotional intensity of revisiting the traumatic event. The CCTV footage became a source of friction when the film was released, as Ito's former legal team, who had helped her win the lawsuit, vehemently criticized the documentary, creating further controversy.

They claimed it was an unauthorized use of CCTV footage and that she had violated her promise not to use it outside of court proceedings, accusing her of breaching legal and ethical boundaries. Last week, her former lawyers, led by Yoshiko Seibo, held another press conference, stating that her use of the footage posed challenges for other sexual assault cases, raising concerns about the broader implications of her actions.

Ms. Seibo said: "If the fact that evidence in a trial is made public becomes known, we will not be able to obtain cooperation in future cases," highlighting the potential chilling effect on future victims coming forward. Ms. Seibo claimed that Ito also used unauthorized recordings, which she said she only discovered at a film screening last July, adding another layer of complexity to the dispute.

This includes recordings of a police detective who ultimately acted as a whistleblower in the investigation process, and footage of a taxi driver who provided testimony about the night of the alleged rape, revealing the extent of the evidence used in the documentary. The lawyers argued that both could be identified and neither had agreed to appear in the film, raising privacy concerns.

Ms. Seibo said: "I have been working very hard to protect her for eight and a half years, and I feel completely torn," expressing her personal disappointment and sense of betrayal. "I want her to explain and take responsibility," she added, calling for accountability from Ito.

Ito earlier admitted that she did not obtain permission from the hotel to use the CCTV, but she argued that it was the "only visual evidence" she had of the night she was sexually assaulted, emphasizing its importance to her case. She added that the recordings, including those of the police detective, were necessary because of "the cover-up of the investigation," and added that she was releasing the video "for the public interest," justifying her actions as serving a greater good.

"We stand on different viewpoints," she said of the split with her former lawyers, acknowledging the fundamental disagreement. "For me, [it's for] the public interest. For them, it's 'don't break any rules'," highlighting the contrasting priorities and ethical considerations.

There is no official explanation as to why the film has not yet been released. Ito has said that "Japan is not ready to talk about [it]," but it is unclear how much of this is due to legal obstacles, suggesting a complex interplay of factors. In her latest statement last week, Ito apologized and said she would re-edit parts of the documentary to ensure individuals could not be identified, adding that the edited version would be screened in the future, indicating a willingness to address concerns and move forward.

"There are moments I wish I didn't have to put in [the documentary]. There are moments I'm not proud of, but I wanted to put all of that in and show that we are human too," she told the BBC, emphasizing the importance of portraying the full human experience. "No one is perfect," she added, acknowledging the imperfections and complexities of the situation.

In the nine years since the assault, Ito's struggle with the Japanese justice system has been well-documented in the media – something she said she wanted to detail in the documentary, explaining her motivation for making the film. When she went public in 2017, she faced intense backlash, receiving hate mail and online abuse, highlighting the challenges faced by those who speak out.

"People told me you don't cry enough… you're not wearing the right clothes… you're too strong," illustrating the types of criticism she received. Some criticized the way she dressed at the first press conference accusing Yamaguchi – they said her shirt was buttoned too low. Ito said she left Japan for several months, fearing for her safety, revealing the personal toll of the public scrutiny.

Ito's case has been followed by other high-profile cases. In 2023, former soldier Rina Gonoi also went public with her story, accusing three former soldiers of sexually assaulting her. In the same year, Japan passed a landmark law redefining rape from "forcible intercourse" to "non-consensual intercourse" and raising the age of consent from 13 to 16, marking significant legal reforms in response to these issues.

Gonoi eventually won her case, but Ito said it proves that there is a price to pay for speaking out against sexual violence, emphasizing the sacrifices involved. She added: "As a survivor seeking justice, is it worth going through all of this? It shouldn't be this way. You have to sacrifice so much," highlighting the need for systemic change.

It is unclear whether her film will be released in Japan, but she said its return would be her ultimate reward, expressing her hopes for the future. "This is my love letter to Japan. I really hope one day I can screen my film and my family can watch it," she added, revealing her personal aspirations. "That's what I really want… more than winning an Oscar," she concluded, emphasizing the importance of sharing her story with her community.