“Ignoring Ethics”
Mitsuyo Wada-Marciano (Kyoto University)
The relationship between the audience and the film, characterized by the expectation of objectivity, is one of the key features that distinguishes documentary from fiction films. However, when I viewed Black Box Diaries (2024), a documentary film directed by journalist Shiori Itō, I felt that it was the accumulation of overlapping subjectivities, rather than objectivity or its expectation, which left me with a faint sense of misgiving. The film can be summarized as the “success story” of a victim of sexual violence who, encouraged by the #MeToo movement, stands up for her own rights. However, the story seems to me to be overly convenient, giving rise to questions like: How did she get this shot? How did she get permission to film this scene – or did she? Why is she speaking English to the camera? Although this is Itō’s first feature-length documentary, she is no amateur. Nonetheless, the extent of her understanding of the ethical issues that loom over the production and distribution of documentary films remains uncertain. For example, Itō included in the film secretly recorded interactions without the permission of the subjects involved—tactics which, some may argue, and Itō herself has implied, were necessary to speak truth to power. However, in my view, the use of such tactics is not warranted, even by the unique societal pressures of contemporary Japan. Such actions would generate backlash in any cultural space and should not be conveniently framed as an expression of the same male-dominated power hierarchies that the film aims to expose and challenge.
The Difficulty of Five Roles for One Project
From beginning to end, Black Box Diaries is filled with shots of director Shiori Itō’s face. Of course, this may be natural since she is the subject of the film, but the nature of Itō’s multifaceted role in this film is unprecedented in Japanese documentary. For example, director Naomi Kawase’s documentary films of the early 1990s similarly feature Kawase herself as a subject. However, both the production budget and the number of filmmakers involved in Black Box Diaries distinguish it from Kawase’s films, which were tantamount to home movies. Occupying the five roles of director, writer, cast, co-producer, and cameraman, Itō is remarkably versatile in her work. At the same time, this presents a major challenge to the expectation of objectivity.
Itō describes her own views on one person playing five separate roles: “I wanted to face this theme as a director myself, even though there were objections that other third parties should direct the film… There is nothing more empowering than being able to spin my own story as a survivor, in my own words and of my own volition.” However, while offering viewers a sense of immediacy and access to her personal experience, this orientation sacrifices objectivity in the strictest sense, giving us only one, very specific and emotionally-invested version of the events narrated.
Another issue is that of address. Since Black Box Diaries is a documentary that focuses on sexual violence in Japan, there is no obvious necessity to bridge the linguistic and cultural spheres of Japanese and English. Why, then, is English used as the central language? It is likely that, from the outset, the film aimed to target a global audience. The film’s opening scene features cherry petals floating on the surface of a dark river, and a note in English that seems to have been handwritten by Itō herself: “I know there are countless numbers of you out there in the world who have experienced sexual violence. Please be mindful of the triggers in this film. Close your eyes and take a deep breath if you need to. That has helped me many times.” This message from Itō to the viewers concludes: “Now let me tell you my story.” Here, “you” may refer to women who have experienced sexual violence in the past. Clearly, however, Itō’s film is addressing an even broader audience. But who is included in this address and to what end?
Backlash in Japanese Society
Ito seems to have expected – perhaps even hoped – that her film would be rejected in Japan. In her memoir, the title of which can be translated as “Re-living 450 Hours of Pain: Why I Filmed Black Box Diaries,” Ito writes: “As of this writing [in March 2025], the film has not yet been screened in Japan. It has not even been evaluated. At the moment, I think that the difficulty of not being able to proceed to a public screening may be what this film was hoping to shed light on.” Itō attributes the failed release of Black Box Diaries in Japan—despite it being nominated for an Academy Award in the US—to a male-centered Japanese society threatened by the film’s exposure of its toxic structure. However, many people in Japan have objected to Itō’s framing. For example, Kazuhiro Sōda, a documentary filmmaker and advocate of “observational film,” offers his opinion:
Although Ms. Itō has emphasized the fact that this film has not been released in Japan in interviews overseas, she has hardly mentioned the fact of hidden filming and recording, or the legal and ethical issues raised by her former lawyer and others. She instead explains that the Japanese cultural and social structure have made it difficult for victims to raise their voices, and that is the reason why her film has not been released.
Sōda clearly disagrees with Ito’s assessment. He also draws attention to the difference in responsibility between a “survivor of sexual assault” and a “film director.” He points out that when filming a documentary, the filmmaker has a responsibility to be “highly ethical, sincere, and transparent” toward the filmed subject. This ethical stance and sincerity must be maintained toward the audience as well. Ito’s ostensible neglect of ethical issues is, in Soda’s view, the real reason the film has not been screened in Japan.
Indeed, from this perspective, in Black Box Diaries, Itō neglected her responsibility to her filmed subjects. She secretly recorded a conversation with Yōko Nishihiro, her lawyer at the time, and used it in the film without obtaining Nishihiro’s consent. She secretly filmed and recorded a meeting with a police officer who blew the whistle on the police department’s midconduct in handling the case and used it without his permission. Additional instances include Itō’s breach of responsibility toward the taxi driver whose taxi she boarded just before she was assaulted; representatives of the hotel in Tokyo where the assault was reported to have occurred; and members of a meeting of female journalists where Itō was invited as a guest after the assault. During a press conference at the Judicial Press Club on October 21, 2024, Yōko Nishihiro, the aformentioned former defense lawyer who had supported Itō’s civil lawsuit regarding sexual assault, stated that her heart had been “torn to shreds.” Since Nishihiro filed an objection against Itō for “unauthorized use of images” and “breach of promise,” doubts about Ito’s work from various angles have begun to percolate through the Japanese press, but they have been limited to the Japanese-speaking media sphere. Moreover, in terms of responsibility to the audience, Itō betrays their trust in the objectivity and integrity toward her subjects that is expected of documentary films. Sōda also points to another important betrayal: Itō has definitively failed to fulfill the audience’s expectation that a filmmaker has obtained permission from the people featured in the film to record them.
It is my hope that the film will be released in Japan and that it will be seen by a large audience. I also hope that the film will generate further discussion about the issue of sexual harassment and assault, the need for revision of laws and ordinances in Japanese society, and, importantly, the ethical issues involved in documentary film production. However, I still have a number of questions. Itō describes herself as a “visual journalist” (eizō jānarisuto). Do journalists and documentary filmmakers adhere to different sets of ethical standards? Why did Itō alone, and not her co-producers, bear the brunt of the backlash that occurred in Japanese society? Why has the production company, Star Sands, not taken any action? There has been no mention of the film on Star Sands’s social media since January 23, when it was nominated for an Academy Award for “Best Documentary Feature Film.”
In making her film, Ito attempted to challenge a power structure in which she had no voice; in doing so, she may also have abused her own power as a journalist and filmmaker. In response to the question, “Why did you start documenting (with video)?,” Itō said:
I have repeatedly asked the people in the center of power questions to which I could not get an answer. I had hoped that I would be able to put them in the hands of the journalists in front of me. But things were not progressing. So, I continued to interview and shoot on my own.
I look forward to the day when Itō will have the opportunity to face the criticism she has received for her actions and explain her decisions as a documentary filmmaker in an open dialogue with her critics.
“Surveillance, Testimony, and Truth”
Bill Nichols (Independent Scholar)
We’ve seen it before: the painful, systematically thwarted quest for justice following a rape—but not like this. Black Box Diaries (Shiori Itō, 2024) is a longitudinal documentary in diary form that follows Itō as she pursues her charges of rape against Noriyuki Yamaguchi, a powerful bureau chief who published a biography of Prime Minister Shinzo Abe and was well-connected politically. He must have been since his arrest was suddenly cancelled by “higher powers” at the last minute.
Itō is a determined, brave woman. It’s her diary, and she presents herself as a strong, hurt, suffering, troubled, pilloried woman, who is thrown into ethical dilemmas and profound challenges to her status in Japanese society due to her decision to pursue her allegations. We see Itō riding a roller coaster of emotions: from a highly charged press conference announcing her case against Yamaguchi, to relaxed fun time with friends, to strategic meetings with her lawyers and the publisher who bring out her book about the rape, to private moments of relaxation and despair. At times, she is in tears at the prolonged effort it takes as Yamaguchi squirms out of the reach of – if not the law – justice repeatedly and the severe burden it places on her life now.
Notably, Itō acquires a compelling piece of evidence apart from her own vivid testimony: a video of the arrival of her taxi at the Sheraton hotel where Yamaguchi forcibly pulls her out, after an extended struggle, and steers her into the hotel. Stumbling, she appears to be drugged. Japanese law at the time described rape as a “forcible” attack on someone under the age of 13. Someone drugged or intoxicated might not be able to resist and thereby demonstrate that they were forced to submit to a sexual assault. Taking advantage of this loophole, Yamaguchi insisted throughout that he never broke the law and never used excessive force. (Thanks to Itō and others, in 2023 the law was changed to define rape as “non-consensual sex,” a major advance.)
The film offers an implicit critique of both the Japanese justice system and Japanese patriarchy more broadly. Throughout the investigation, the police drag their feet, coverage in major outlets is slight to non-existent, and Itō endures (and sometimes records) attacks on her for slandering an “honorable” man, for being so “disrespectful” of the (patriarchal) culture, for not having obtained consent for the inclusion of the Sheraton surveillance footage in her film, and for dressing in less than a fully demure, modest way. Yet, all these thorns in her side seem to only push Itō to pursue her case. Her journalist work is compromised, her safety is in jeopardy, and it takes 7 years, but she finally gets a guilty verdict in civil (not criminal) court.
This might have been the end, a success story in which a backward law was remedied and a powerful politician punished. A major controversy erupted, however, when two of Itō’s former lawyers accused her of using the footage of Yamaguchi pulling her from the cab without the hotel’s consent for its use in a film. (The hotel did allow its use as evidence for her trial.) Other figures, including the taxi driver in the cab at the Sheraton Hotel where she was dragged out and forced inside, who Itō later recorded discussing the events of that night, may have also failed to provide explicit consent.
This critique of the filmmaker strikes me as misguided and beside the point. The two lawyers representing Itō shamelessly betrayed their responsibility to their own client. Her lawyers’ conduct is inexplicable and, to me, unprofessional. The hotel was paid for the surveillance footage, and once paid for by Itō, its use, unless Japanese law requires otherwise, would seem to be at her discretion. The Sheraton’s concerns about its image are not Itō’s concern relative to her rape on their premises. Others who appear in the film but may not have given written permission clearly present themselves on camera, stating facts, feelings, and views openly. There is no suggestion, however, that harm came to any of them by dint of their appearance, which is what consent is intended to prevent. By contrast, Tanya Ballantyne’s film for the NFB of Canada, Things I Cannot Change, (1967) filmed embarrassing and perhaps criminal acts that caused considerable harm. The featured, impoverished family in it did not grant permission for its television broadcast. It became a textbook case of ethical malfeasance in documentary. Black Box Diaries is no such thing.
Earn the respect of your subjects; that is my own version of what an ethical relation between documentary filmmaker and subjects should be. However, respect can mean something different when dealing with those with power, who can use or manipulate the media. Alex Gibney, for instance, repeatedly uses what the powerful say against them (in Enron: The Smartest Guys in the Room [2005], The Armstrong Lie [2013], and The Inventor: Out for Blood in Silicon Valley [2019], among others), but he does not demean or belittle the individuals. Their own words help prove his point. Likewise, the footage of her forcible extraction from the taxi proves Itō’s point, as does the covert footage she recorded and included in her film.
Those who joined the (unethical) lawyers who show no respect for Shiori Itō in questioning her ethics need to examine their own. Why do they displace the issue from how rape is treated in Japan and what this one person must do to achieve justice onto issues of consent to be recorded or permission to use recorded footage in a public film? Is the lack of consent from a corporation for use of evidential surveillance footage comparable to lack of consent from a woman for sex? And why didn’t the police obtain the footage in the first place? What was their responsibility? This form of attack only underlines how fraught the issue of rape is in Japan.
The film is an honest, complex portrait of what one victim of rape must go through to win her case in a country where the very idea that men may sexually abuse women seems beyond the grasp of some. Itō’s pain is real, its duration is almost never-ending. Her face tells a more honest story than anything her detractors can claim. And by film’s end Yamaguchi himself admits “regret” for what happened, although he continues to insist he committed no crime. Japan, like many other countries, lags in its prosecution of rape and Black Box Diaries takes one big step toward addressing this problem for all women, not simply for Shiori Itō.
Posted on behalf of Deirdre Boyle:
I believe Ms. Wada-Marciano has a limited understanding of what documentary practice consists, insisting upon adherence to a definition of objectivity that does not include the legitimacy of personal filmmaking or advocacy. I suspect her focus on strict adherence to genre conventions is not the real basis for her criticism. Cultural and generational predilections may better explain why Black Box Diaries and its maker-cum-subject have been denounced by critics like Ms. Wada-Marciano. As one Japanese film colleague explained to me: Ms. Ito should have known better than to go to dinner with Yammaguchi in pursuit of a job, and essentially she got what she deserved. Attention to Ito’s “failure” to adhere to genre ethics masks Ito’s “ failure” to adhere to traditional expectations of morally acceptable behavior for Japanese women. For Japan’s “MeToo” generation, what Ms. Ito did was not a crime. The crime lay elsewhere. Political and judicial efforts to dismiss her claims of sexual assault and excuse her rapist, a friend of the prime minister, propelled her to devote years of her life collecting evidence in order to bring sexual assault to trial and ultimately change the law of the land. Ms. Wada-Marciano’s concern with ethics seems misplaced here.
LikeLike
Please join the discussion here!
LikeLike