Tokyo, Sept. 25 (Jiji Press)–Tokyo District Court ruled Friday that a public offices election law provision that prohibits minors from conducting campaigning activities on their own and imposes penalties on violators is unconstitutional. Presiding Judge Mizuho Ebi said that the provision “violates the Constitution, which stipulates freedom of expression.” The court rejected the four plaintiffs’ damages claim against the Japanese government, however, on the basis that it cannot be said the violation of rights was obvious when the provision was enforced. This was the first lawsuit to challenge the constitutionality of the provision, introduced in 1952. Violators would face imprisonment of up to 12 months or a fine of up to 300,000 yen. “It’s difficult to recognize that the government specifically examined what kind of harmful effects would occur if minors participate in election campaigns,” Ebi said. While the government defended the provision by arguing that minors could be involved in unjust election campaigns, Ebi stated, “It can’t be said that there is a high necessity to restrict minors’ election campaigns in general, and it can’t be accepted as a necessary and reasonable regulation.” Still, the court ruled that another public offices election law provision that bans the use of minors in election campaigns is constitutional from the standpoint of protecting minors. The plaintiffs, who were aged 16 to 18 when they filed the lawsuit in February last year, argued that they had given up activities supporting candidates during the official campaign periods for past public offices elections due to the provision prohibiting individuals under 18 from campaigning independently. They said that the provision works to discourage young people from participating in politics. “I wanted the voices of minors to reach society,” said Yoshino Miyata, 20, one of the plaintiffs who became a university student after filing the lawsuit. “I’m really happy to hear this ruling.” END [Copyright The Jiji Press, Ltd.]
