Japanese court rules ban on under-18 election campaigning unconstitutional
By The South Asia Times
TOKYO - A Japanese court has ruled that a law prohibiting people under 18 from participating in election campaigning is unconstitutional, finding that the restriction violates minors' freedom of expression.
The Tokyo District Court issued the ruling Friday in a case brought by four plaintiffs, including high school students. The court, however, rejected their claim for damages from the Japanese government, according to Kyodo News.
Under Japan's current election law, people younger than 18 are prohibited from engaging in election campaigning or being used in campaign activities. Violations can carry a prison sentence of up to one year or a fine of up to 300,000 yen ($1,900), along with suspension of certain civil rights.
The plaintiffs argued that the blanket prohibition lacked a sufficient legislative basis and that the purpose of imposing criminal penalties was unclear. They also said the restrictions deprived young people of an opportunity to exercise their freedom of political expression during elections.
Each plaintiff had sought 100,000 yen in compensation for emotional distress resulting from the restrictions.
- Government defended restrictions
The Japanese government argued that the restrictions serve a legitimate purpose of protecting minors from being exploited in election campaigns.
According to the government's argument, large numbers of minors were mobilized for manpower-intensive campaigning in local elections before the restrictions were introduced in 1952, creating problems that lawmakers sought to address through the ban.
The government maintained that preventing minors from being mobilized for campaign activities constituted a legitimate legislative objective.
The plaintiffs, however, challenged the rationale for applying the prohibition broadly to all people under 18 and argued that less restrictive measures could address concerns about the exploitation of minors without criminalizing their participation in political expression.
- Ruling could affect youth political participation
The decision comes as Japan continues to debate the role of young people in politics and the scope of their participation in electoral activities.
Japan lowered the voting age from 20 to 18 in 2016, giving millions of younger citizens the right to vote in national and local elections. The campaigning restriction, however, has continued to prevent those under 18 from actively campaigning for candidates or political parties.
The Tokyo court's ruling distinguishes between the right to vote and the broader right to participate in political expression, potentially opening further legal and political debate over how young people can participate in Japan's electoral process.
The court's decision does not itself change Japan's election law. Any changes to the legislation would require action by the country's lawmakers.