Regulation of SNS in Election Campaigns Enacted

The Diet passed the bills for stricter regulation against false information through social networking services (SNS), which would be distributed in election campaigns for public offices. It has been discussed that untrue information distorted result of elections. New legislature mandates providers of SNS to take necessary measures to maintain fair election. However, the laws do not have any provision of penalty, inviting skepticisms on its effectiveness. 

In the gubernatorial election of Hyogo in 2024, a lot of information which truthfulness was not identified appeared on SNS sites. Backed by that kind of information, the incumbent governor, Motohiko Saito, who were in the scandal of harassment on his staffs, was reelected. The election ignited discussion over necessity of stricter regulation on using SNS in elections.

 

In the election of governor of Miyagi in 2025, false information against incumbent governor was distributed. It indicatedthat the government of Miyagi had a plan to build a mega-solar power generation site. The incumbent governor won the election with very small margin.

 

Prime Minister Sanae Takaichi is known as a politician whose election campaign depends heavily on SNS. Though it is not about an election for public office, she has been doubted that she might have been involved in defamation strategy against her contenders in the presidential election of the Liberal Democratic Party (LDP) in 2025, in which she obtained a victory to pave the way for the prime minister.

 

The legislature for further regulation on SNS was revision of Public Offices Election Act and Information Distribution Platform Act. A new provision for prohibiting disturbance of election by false information was added to Public Offices Election Act. A post made by artificial intelligence (AI) needs to indicate that it was made by AI. Regulation on using emails was abolished, because SNS became further powerful than emails.

 

The revised Information Distribution Platform Act mandates the providers of SNS to disclose what they took necessary measures for fair information every year. Minister for Internal Affairs and Communications will issue a guideline which include regulation on earning money through postings for election campaign, prioritized guidance to reliable information such as official website of a candidate and examples of wrong postings.

 

Concerning maintenance of freedom of expression, the laws do not have any penalty on violations. The bills were sponsored by parties beyond the aisle: the LDP, Centrist Reform Alliance, Japan Innovation Party, Democratic Party for the People, Sanseito and Team Mirai, indicating fundamental concern on their election being influenced by false information through SNS. But it is not easy for them to have severe penalty on inappropriate use of SNS.

 

It is not only elections but policies that are affected by SNS. In the background of Takaichi’s decision of consumption tax cut, to which opposition parties, some of LDP lawmakers, all the major newspapers opposed, there was a broad request for the policy in SNS. It is unclear that those SNS users have recognized negative impact of the policy. Supporters for Takaichi tend to receive only preferable information to Takaichi. Biased information can distort politics.

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