Investigation on Disturbing Election Campaign
The Metropolitan Police Department raided the office of the Party of Tsubasa with suspect of violating the Public Offices Election Act. The party is suspected as disturbing campaigns of other candidates by loud chanting in the by-election in Tokyo 15th district of the House of Representatives last month. Although the party leader argued that they had simply exercised their freedom of speech, the argument is regarded as a misinterpretation of democracy.
The police investigated some offices of the party in Tokyo with the reports of other parties which campaign speeches on the street had been disturbed by chanting through loud speaker or persistently trailing campaign car. The head of Tsubasa, Atsuhiko Kurokawa, the party’s candidate for Tokyo 15th, Ryosuke Nemoto, and another party officer are suspected as having violated the law which prohibits disturbing freedom of election.
According to the news reports, those three members obstructed public speech of Hirotada Ototake, an independent candidate with support of the governor of Tokyo, Yuriko Koike, or other candidates. It is confirmed that they loudly chanted from a close place to another candidate’s speech and make the audience unable to hear what the candidate were speaking. The police had warned those three about their honking from a car toward Ototake on the first day of the election campaign.
The Public Offices Election Act defines a disturbance of candidate’s public speech as a crime. There is an example of court decision that the crime is made by an action which effectively forces the candidate unable to make speech. It includes an action making the audience unable to hear the speech. The police seems to have realized that the activities of the Party of Tsubasa would be categorized in the crime of disturbing freedom of election campaign.
The Party of Tsubasa uploaded the video of their activities on the web, which earned certain number of views. They have not explained about what the purpose of their action is, and their policy presenting to the public is still unclear. “We will continue our activities, even if we are arrested. What we are doing is protecting freedom of speech,” said Kurokawa to the reporters.
Nine candidates ran for the by-election in Tokyo 15th, and a candidate with Constitutional Democratic Party won. Ototake finished the race at the fifth place. Some other candidates, including one with Japan Innovation Party, were also disturbed by the Party of Tsubasa. Other parties argues that the police had to stop Tsubasa during the campaign. However, it is not easy for the police to suspend a candidate’s campaign in the middle of election.
The lawmakers began to consider reviewing the law to regulate excessive disturbance in election campaign. But there is an example that the police displaced two people in the audience who chanted toward then prime minister Shinzo Abe in Sapporo 2019. The point should be how to distinguish fair heckler from malicious disturbance against someone’s campaign.
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