Photo/Illutration Lawyers hold a news conference to point out problems in Shiori Ito's documentary film in Tokyo's Chiyoda Ward on Feb. 20. (Misuzu Sato)

Journalist Shiori Ito apologized on Feb. 20 for using video and audio footage without permission in an Oscar-nominated documentary film she directed.

“I sincerely apologize to those whose consent was overlooked,” Ito said in a statement. “We will work on the film so that individuals cannot be identified,” adding that she will make the necessary corrections. 

"Black Box Diaries" follows the rape case filed in 2015 against former high-profile journalist Noriyuki Yamaguchi and the response to Ito defying societal norms and publicly speaking out as a victim. 

Ito filed a criminal lawsuit against the former reporter in a charge of quasi rape in 2015, alleging that she had unwanted sexual intercourse with him at a hotel. Yamaguchi was referred to the prosecutor's office, but was not indicted.

Meanwhile, in a civil lawsuit, the incident was found to have been “sexual intercourse without consent,” and Yamaguchi was ordered to pay compensation, and the lawsuit ended.

"Black Box Diaries" was screened at more than 50 overseas film festivals in 2024 and is in the running for best Documentary Feature Film at this year's Academy Awards. It has not yet been decided whether it will be released in Japan. 

Yoko Nishihiro, who led the legal team representing Ito's successful civil lawsuit, flagged the documentary's unauthorized use of video and audio over legitimacy concerns. 

This includes security camera footage submitted by a hotel that shows an intoxicated Ito being carried into the building. Ito's team had signed a pledge not to use the footage outside of court proceedings. 

“If the fact that the evidence from the trial has been made public is known, we will be unable to obtain cooperation in future sexual assault cases,” Nishihiro said. 

Ito's former lawyer summarized exchanges during a news conference in Tokyo on Feb. 20, beginning with Nishihiro's explanation that she had requested that permission be secured before using the security camera footage; Ito's side responded that it would, but did not in the end.

Nishihiro also said that she first learned at a screening of the film last July that unauthorized recordings of her phone calls had been used.

“I've been trying so hard to protect her for eight and a half years, and I feel like I've been completely torn apart," said her former lawyer. "I want her to explain and be held accountable."

Katsuhiko Tsukuda, who is representing Nishihiro, said that there have been “multiple complaints that the footage was used without consent,” and called for its removal or other measures to be taken.

Ito was also scheduled to hold a news conference the same day and screen a redacted version of the film, but canceled at the last minute citing ill health and instead released a written statement.

Regarding the use of evidence, Ito said, "Although we did not get the hotel’s permission, we changed the exterior, interior and shape of the taxi. It is natural that there is varied criticism, but we decided to use it in the film, placing importance on the public interest.”

She apologized for failing to confirm with individuals regarding other included footage and audio and said, “We will do our best to screen the film overseas by using a redacted version.”

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