Plaintiffs appeal over Japan's ban on minors' election campaigning
In short
Four plaintiffs aged 17 to 20 appealed to the Tokyo High Court on October 7 after the Tokyo District Court ruled that the ban on minors' election campaigning is unconstitutional but rejected their damages claim. The plaintiffs said at a Tokyo press conference that they will keep fighting until the law is changed and aim for a Supreme Court constitutional ruling. The district court had upheld as constitutional the separate provision banning the “use” of under-18s in election campaigns.
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Four plaintiffs aged 17 to 20 have appealed to the Tokyo High Court after the Tokyo District Court found the ban on minors' election campaigning unconstitutional but rejected their damages claim, the plaintiffs said at a press conference in Tokyo on October 7. [ 2 , 3 , 4 , 6 ]
The suit sought damages from the state on the grounds that the Public Offices Election Act's prohibition of election campaigning by minors violates the Constitution. In its September 25 ruling, the district court said the prohibition constitutes a serious restriction on freedom of expression and violates Article 21, and called the penalty provisions lacking in rationality and likewise unconstitutional. The court also ruled constitutional the separate provision banning the “use” of under-18s in election campaigning, saying it is necessary to protect minors, and denied the plaintiffs' claim of 100,000 yen each. [ 2 , 6 ]
At the press conference, the plaintiffs said the district court's unconstitutional ruling was not yet sufficient and that they wanted to keep going until the law is changed, according to Nishi-Nippon Shimbun and Sankei Shimbun. Plaintiff Fukushima Kota, a 17-year-old third-year high school student, said the responsibility for leaving the law in place for 70 years is very heavy, Nippon TV reported. The plaintiffs say they want the case to lead to a Supreme Court constitutional ruling and to a change in the law. [ 2 , 3 , 4 , 6 ]
The plaintiffs also argue that the provision upheld as constitutional, which bans using under-18s in election campaigning, is unconstitutional because it limits participation in election activities. Lawyer Toda Yoshiyasu told the press conference that even when minors show an intention to take part, the receiving side could be judged to have used them. “The freedom of election campaigning cannot be said to be sufficiently guaranteed, and we want to ask the court for its judgment again,” he said. [ 1 , 4 , 6 ]
Outlets described the plaintiffs differently: Nippon TV referred to 17-year-old high school students, while Nishi-Nippon Shimbun and Yahoo! News Japan described four plaintiffs aged 17 to 20. The documents give no date for the next hearing at the Tokyo High Court. [ 2 , 3 , 4 ]
Why it matters
The appeal puts the question of whether restrictions on minors' political expression breach the Constitution before a higher court, and the plaintiffs say they want the issue decided by the Supreme Court. A ruling could affect how the Public Offices Election Act treats young people who want to take part in campaigns, and whether the penal provisions survive. The documents give no further indication of wider consequences.
Key facts
- Four plaintiffs aged 17 to 20 sued the state, arguing that the Public Offices Election Act's ban on minors' election campaigning violates the Constitution. [ 2 , 3 , 4 ]
- On September 25, the Tokyo District Court ruled the ban and its penalty provisions unconstitutional under Article 21, citing a serious restriction on freedom of expression. [ 2 , 6 ]
- The same ruling upheld as constitutional the provision banning the “use” of under-18s in election campaigning, on the grounds that it protects minors. [ 2 , 6 ]
- The court rejected the plaintiffs' damages claim of 100,000 yen each. [ 6 ]
- The plaintiffs appealed to the Tokyo High Court on October 7 and held a press conference in Tokyo. [ 1 , 2 , 3 , 4 , 5 , 6 ]
- Plaintiff Fukushima Kota, a 17-year-old third-year high school student, said the responsibility for leaving the law in place for 70 years is very heavy. [ 1 , 4 ]
- Lawyer Toda Yoshiyasu said the freedom of election campaigning has not been sufficiently guaranteed and asked the court to rule again. [ 1 , 6 ]
- The plaintiffs say they want the case to reach a Supreme Court constitutional ruling and to achieve a change in the law. [ 3 , 4 ]
Confirmed by several sources
- The plaintiffs appealed to the Tokyo High Court on October 7 after the district court ruled the ban unconstitutional but dismissed their claim. [ 1 , 2 , 3 , 4 , 5 , 6 ]
- The September 25 Tokyo District Court ruling found the ban on minors' election campaigning unconstitutional while upholding the provision banning the “use” of under-18s. [ 2 , 4 , 6 ]
- The plaintiffs are four people described as high school students. [ 2 , 3 , 4 ]
- The plaintiffs held a press conference and said they would keep going until the law is changed. [ 1 , 2 , 3 , 4 , 6 ]
Still unclear
- The plaintiffs' ages: Nishi-Nippon Shimbun and Yahoo! News Japan say four people aged 17 to 20, while Nippon TV describes them as 17-year-old high school students. Two outlets give a range of 17 to 20, one gives 17; the documents do not reconcile the difference.
- Whether the provision upheld as constitutional, banning the “use” of under-18s in election campaigning, will be found unconstitutional on appeal. The district court upheld it and the plaintiffs dispute it; no higher court has ruled.
- When the Tokyo High Court will next hear the case, or when a ruling is expected. No date is given in the documents.
What local media are saying
Timeline, local time
- Tokyo Shimbun reports that the plaintiffs, including high school students, have appealed the ruling that banned election campaigning by minors. [ 1 ]
- Nishi-Nippon Shimbun reports the appeal to the Tokyo High Court and details the September 25 district court ruling that found the ban unconstitutional but rejected the claim. [ 2 ]
- Nippon TV reports the appeal and press conference, quoting plaintiff Fukushima Kota on the law having been left in place for 70 years. [ 4 ]
- Sankei Shimbun reports the appeal, the 100,000 yen per-plaintiff damages claim being denied, and lawyer Toda Yoshiyasu's request for a fresh court judgment. [ 6 ]