Electioneering is part and parcel of democracy, and any activity that threatens it must never be condoned.
On the other hand, since excessive regulation can stifle free speech, careful discussion is needed to keep elections free and fair by ensuring that the current election laws are properly implemented.
Police on May 13 searched the office of political organization Tsubasa no To on suspicion of "obstructing freedom of election" under the Public Offices Election Law during campaigning for the April 28 Lower House by-election in the Tokyo No. 15 district.
It was certainly not expected that a political organization, fielding its own candidate in keeping with "freedom of election," would deny that very freedom to other election campaigns and their candidates.
On the day election campaigning kicked off, Tsubasa no To's campaign staff showed up at other candidates' speeches on street corners and continued ranting into loudspeakers, and also engaged in "car chases" after their competitors' campaign cars.
The organization also effectively flaunted such activities by videotaping and posting them on social media.
Tokyo police warned the organization that those deeds on the first day of the campaign could violate the Public Offices Election Law.
But because Tsubasa no To ignored the warning and kept up its actions, the candidates who were victimized filed complaints with police, which led to the May 13 search of the Tsubasa no To premises.
The organization continues to insist it had "no intention of obstructing the election." But it is quite clear that its "electioneering" was much more about harassing its competitors than explaining its policy platform to voters.
And its competitors were forced to cancel their street rallies and refrain from announcing their schedules.
The outcome was tantamount to depriving voters of information with which to form their opinions, and Tsubasa no To's behavior could not possibly be defended as being within the limits of "freedom of speech and expression."
As penalties for obstruction of freedom of election, the election law stipulates imprisonment of up to four years with labor, imprisonment of up to four years without labor, or a fine of up to 1 million yen ($6,400). However, from the standpoint of guaranteeing freedom of election, offenders are rarely indicted.
But Tsubasa no To's actions have prompted calls for tougher regulations, including bigger fines.
"We are going to revise the law as needed," declared Toshimitsu Motegi, secretary-general of the ruling Liberal Democratic Party.
Nippon Ishin (Japan Innovation Party) has released a draft of its legal amendment plans that will define "illegal obstruction of freedom of election" under the law.
The question, though, is how far "freedom of expression" can go, and when it becomes an act of "election disruption." It is not easy to draw the line.
During the 2019 Upper House election campaign, a woman who heckled then-Prime Minister Shinzo Abe, who was stumping for a candidate, was removed from the scene by police.
The Sapporo District Court ruled that the woman's "right to free speech" had been violated as did the Sapporo High Court later.
Giving a street-corner speech enables candidates to not only meet face to face with their supporters but also with people with diverse opinions.
While any act of blatant disruption of the candidate's speech should not be tolerated, heckling is one form of display of one's political opinion.
It would be pointless to try to guarantee fair electioneering if the attempt ends up smothering free speech.
--The Asahi Shimbun, May 15
EDITORIAL: Crackdown on disruption of election must not limit free speech
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15.05.2024
Electioneering is part and parcel of democracy, and any activity that threatens it must never be condoned.
On the other hand, since excessive regulation can stifle free speech, careful discussion is needed to keep elections free and fair by ensuring that the current election laws are properly implemented.
Police on May 13 searched the office of political organization Tsubasa no To on suspicion of "obstructing freedom of election" under the Public Offices Election Law during campaigning for the April 28 Lower House by-election in the Tokyo No. 15 district.
It was certainly not expected that a political organization, fielding its own candidate in keeping with "freedom of election," would deny that very freedom to other election campaigns and their candidates.
On the day election campaigning kicked off, Tsubasa no To's campaign staff showed up at other candidates' speeches on street corners and........
© The Asahi Shimbun
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